Q: MR. BRADY, I THINK WHEN WE BROKE FOR LUNCH WE WERE GETTING TO THE AREA OF POOL ROOM OR POOL TABLES.

WERE YOU INVITED TO PLAY POOL?

A: YES.

Q: BY WHOM, DO YOU REMEMBER?

A: BRENDA.

Q: DID YOU?

A: NO.

Q: WHAT DID YOU DO INSTEAD?

A: I WENT AND PLAYED VIDEO GAMES.

Q: WHAT’S THE NEXT THING THAT YOU REMEMBER HAPPENING AFTER THE VIDEO GAMES?

A: YOU KNOW, I DID PLAY POOL WITH SOME OTHER PEOPLE I JUST MET THERE. YOU KNOW, I CAN’T REMEMBER, YOU KNOW, THE EXACT SEQUENCE OF EVENTS OF, YOU KNOW, WHEN I WAS PLAYING POOL AND THE VIDEO GAMES, BUT IT SEEMED TO TAKE A LOT OF TIME UP IN THE BACK ROOM THERE.

Q: WERE YOU DRINKING WHILE YOU WERE IN THAT POOL ROOM PLAYING THE VIDEO GAMES?

A: YES.

Q: WHAT WERE YOU DRINKING?

A: BEER.

Q: FROM THE VIDEO ROOM, THE POOL ROOM, —

A: M-HM.

Q: — WHAT WAS THE NEXT THING THAT YOU REMEMBER HAPPENING?

A: GOING OUT TO IN THE DANCING AREA, THE BAND AREA.

Q: WERE YOU DANCING?

A: I DANCED A COUPLE TIMES.

Q: WITH WHOM?

A: I DANCED ONCE WITH BRENDA AND ONCE WITH A GIRL THAT WAS IN THE BAND WHEN THE D.J. WAS, YOU KNOW, THE BAND WAS TAKING A BREAK AND THE D.J. WAS ON.

Q: DO YOU REMEMBER DANCING WITH ANYONE ELSE?

A: THAT’S IT. NO.

Q: DENISE OR BARBARA, DID YOU DANCE WITH THEM?

A: NO.

Q: HOW ABOUT ANY OF THE OTHER LADIES THAT WERE IN THE PLACE?

A: NO.

Q: DID YOU SEE WHO THE OTHER PEOPLE WERE DANCING WITH, THE PEOPLE THAT YOU KNEW?

A: WELL, NOT REALLY. IT WAS A LOT OF PEOPLE DANCING. IT WAS PRETTY FULL, YOU KNOW. THE BAR WAS FULL. I REALLY DIDN’T, YOU KNOW, I REALLY DIDN’T LOOK AT OTHER PEOPLE DANCING.

Q: DID THERE COME A TIME THAT EVENING WHEN YOU WENT OUTSIDE?

A: YES.

Q: WHEN WAS THAT IN THE SEQUENCE OF EVENTS YOU’VE TOLD US ABOUT?

A: SOME TIME IN THE MIDDLE OF THE EVENING.

Q: WHERE DID YOU GO?

A: INTO THE PARKING LOT.

Q: WITH WHOM?

A: WELL, THE GIRLS HAD GONE OUT FIRST, AND THEN KEITH KIND OF FOLLOWED THEM, AND THEN I FOLLOWED KEITH. I STOPPED KIND OF AT THE DOORWAY TO TALK TO SOMEONE, SO I KIND OF FOLLOWED ALL OF THEM OUT.

Q: WHEN YOU SAY THE GIRLS WENT OUTSIDE, WHICH GIRLS ARE WE TALKING ABOUT?

A: BRENDA, DENISE, AND BARB.

Q: WHERE DID THEY GO?

A: TO BRENDA’S CAR.

Q: WHERE WAS IT PARKED?

A: IN THE BACK.

Q: AND YOU SAID YOU STOPPED SOMEWHERE TO TALK WITH SOMEONE.

A: YES. ON THE WAY OUT, THEY HAD LEFT LIKE BEFORE ME, AND THEN I STOPPED TO TALK TO THE DOORMAN OR SOMEONE ON THE WAY OUT THE DOOR.

Q: AFTER YOU COMPLETED THAT, WHERE DID YOU GO?A: CAME BACK INSIDE.

Q: DID YOU GO TO THE CAR WHERE THE GIRLS WERE?

A: YES, THEY WERE.

Q: WHAT PART OF THE CAR DID YOU GO TO?

A: THE DRIVER’S SIDE.

Q: WHERE WAS EVERYONE ELSE LOCATED?

A: THE GIRLS WERE IN THE CAR AND KEITH WAS ON THE PASSENGER SIDE.Q: WHAT WAS GOING ON OUT THERE?

A: AS FAR AS I KNOW, THEY WERE SMOKING MARIJUANA.

Q: HOW DO YOU KNOW THAT?

A: ‘CAUSE THEY TOLD ME THEY WERE.

Q: DID YOU SEE IT?

A: I ACTUALLY GOT OUT THERE AFTER THEY WERE DONE.

Q: WHERE DID YOU GO, WHAT PART OF THE CAR?

A: THE DRIVER’S SIDE.

Q: WHAT ELSE WAS GOING ON OUT THERE?

A: OTHER THAN THAT, I DIDN’T SEE ANYTHING ELSE.

Q: ANY ROMANCE OUT THERE?

A: I DIDN’T SEE THAT.

Q: DO YOU KNOW WHERE KEITH WAS WHEN YOU GOT THERE?

A: HE WAS ON THE PASSENGER SIDE.

Q: WHICH ONE OF THE LADIES WAS CLOSEST TO HIM?

A: I DON’T KNOW.Q: HOW LONG WOULD YOU SAY YOU WERE OUTSIDE?

A: FIVE MINUTES.

Q: THEN WHERE DID YOU GO? THEN WHERE DID YOU GO AFTER YOU COMPLETED —

A: BACK INSIDE.

Q: TO WHERE?

A: BACK IN THE BAR.

Q: WHAT DID YOU DO BACK IN THERE?

A: PICKED UP WHERE WE LEFT OFF. JUST. . .

Q: DO YOU KNOW IF THE DEFENDANT WAS STILL AROUND AT THAT POINT?

A: I DIDN’T NOTICE HIM.Q: WHY NOT?

A: YOU KNOW, I JUST — YOU KNOW, I SAW HIM WHEN WE GOT THERE, AND THEN I DIDN’T REALLY NOTICE HIM FOR THE REST OF THE NIGHT. I DIDN’T SEE HIM THERE AT ALL.

Q: DID YOU SPEAK WITH HIM AT ALL AFTER THAT INITIAL CONTACT WITH HIM?

A: NO.

Q: DID YOU SEE YOUR GROUP SPEAK, ANY OF THE PEOPLE THAT YOU KNEW, SPEAK WITH HIM WHILE YOU WERE WATCHING?

A: WELL, THEY WERE TALKING TO HIM WHEN WE BROKE AWAY AND WENT TO GET OUR OWN DRINKS, YOU KNOW.

Q: WHEN WAS THAT?

A: WHEN WE FIRST WENT IN.Q: HOW ABOUT WHEN YOU WERE IN THE POOL ROOM AND YOU WERE PLAYING THE VIDEO GAMES, WERE YOU AWARE OF THE DEFENDANT BEING AROUND AT THAT POINT?

A: NO.

Q: AND WHEN YOU WENT OUTSIDE WITH THE GIRLS IN THE CAR, WERE YOU AWARE OF HIM BEING AROUND AT THAT POINT?

A: NO.

Q: AND WHEN YOU CAME BACK INSIDE AFTER THE CAR, WERE YOU AWARE OF HIM BEING AROUND AT THAT POINT?

A: NO.

Q: HOW LONG WOULD YOU SAY YOU REMAINED THERE THAT EVENING?

A: ‘TIL 2:00 O’CLOCK.

Q: FOR HOW MANY HOURS WOULD YOU SAY YOU WERE THERE?

A: THAT WOULD BE FOUR AND A HALF TO FIVE HOURS.

Q: HOW MUCH DID YOU HAVE TO DRINK?

A: NOT REALLY SURE.

Q: WHAT WERE YOU DRINKING?

A: BEER. AND PROBABLY MAYBE ONE OR TWO SHOTS OF TEQUILA.

Q: DID YOU BUY ANY OF THOSE?

A: YES.

Q: DID YOU BUY THEM FOR ANYBODY ELSE?

A: JUST PROBABLY FOR KEITH.

Q: HOW WAS IT THAT YOU CAME TO LEAVE DAD’S THAT EVENING?

A: WELL, IT WAS CLOSING, SO WE HAD TO LEAVE. AND I WAS RIDING WITH KEITH, SO WE GOT INTO KEITH’S CAR, AND WE LEFT.

Q: WAS THERE A PLAN OF WHAT YOU WERE SUPPOSED TO DO?

A: YEAH. YOU KNOW, I HEARD BRENDA TALKING ABOUT COMING UP TO HER HOUSE AND HAVING A BITE TO EAT.

Q: WHO WAS SHE SAYING THAT TO?

A: JUST THE GROUP, YOU KNOW. THE FOUR OF US WOULD BE KEITH AND MYSELF AND THE TWO GIRLS.

Q: THAT’S WHILE YOU WERE STILL AT DAD’S?

A: YES. YOU KNOW, AS THEY WERE CLOSING DOWN, YEAH.Q: WHERE DID YOU GO?A: WENT TO BRENDA’S.

Q: WHO DROVE?

A: KEITH.

Q: WHEN YOU GOT BACK TO THE VAN DAM RESIDENCE, WHERE DID YOU GUYS PARK, DO YOU REMEMBER?

A: IN FRONT OF THE HOUSE.

Q: WHAT HAPPENED ONCE YOU GUYS GOT OUT?

A: WE WENT TO THE FRONT DOOR AND WENT IN THE HOUSE.

Q: DO YOU REMEMBER ANYTHING FROM INSIDE THE HOUSE, WHAT WAS GOING ON?

A: WE WALKED IN BASICALLY. I NOTICED BRENDA WALKING UPSTAIRS. IT LOOKED LIKE TO ME, YOU KNOW, YOU CAN SEE UP THE STAIRWELL, BUT YOU CAN’T SEE, YOU KNOW, YOU CAN’T SEE EVERYTHING, BUT IT LOOKED LIKE SHE WAS CLOSING THE BEDROOM DOORS, YOU KNOW, QUIETLY. TO ME. THAT’S WHAT IT LOOKED LIKE.

Q: DO YOU RECALL IF ANY OF THE LIGHTS WERE ON INSIDE THE HOUSE AS YOU WERE COMING HOME?

A: THERE WERE LIGHTS ON WHEN WE GOT THERE, YEAH.Q: WHERE DID YOU GO ONCE YOU GOT INSIDE THE HOUSE?

A: INTO THE KITCHEN.

Q: WHY?

A: WE JUST WALKED IN THERE. THAT’S WHERE THE FOOD IS, YOU KNOW.

Q: WHO WENT IN THERE WITH YOU?

A: KEITH. AND I THINK DENISE, TOO. I’M NOT REALLY SURE.

Q: WERE YOU AWARE OF WHERE THE LADIES WENT ONCE THEY GOT INSIDE?

A: NO.

Q: WHAT HAPPENED IN THE KITCHEN?

A: WE WERE TALKING AROUND THE ISLAND FOR A WHILE. I THINK SOMEBODY BROUGHT OUT SOME CHIPS AT FIRST, AND THEN WHEN DAMON CAME DOWN, WE HEATED UP SOME PIZZA, AND WE ATE IT.

Q: LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS COURT’S EXHIBIT 17, THIS PHOTO DISPLAY BOARD, LABELED AT THE TOP, I’M SORRY, AT THE BOTTOM, 17, “VAN DAM RESIDENCE KITCHEN.” DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE, MR. BRADY?

A: YES.

Q: WHAT IS THAT?

A: THAT’S THE KITCHEN AND THE FAMILY ROOM.

Q: DO YOU SEE WHERE YOU WENT?

A: YEAH.

Q: WHICH PICTURE?

A: THE LEFT PICTURE.

Q: PHOTOGRAPH A, IS THAT CORRECT?

A: YES.

Q: IS THERE SOME FURNITURE THERE THAT SHOWS WHERE YOU WENT?

A: YEAH. THERE’S THE TABLE AND THE ISLAND.

Q: WHO ALL WAS HAVING THE FOOD?

A: IT SEEMED LIKE IT WAS DENISE, MYSELF, AND KEITH. AND THEN BRENDA WAS, YEAH, BRENDA WAS THERE, TOO.

Q: DO YOU KNOW IF DAMON WAS DOWN THERE?

A: NOT IN THE FIRST FEW MINUTES, NO. HE WAS — BUT HE DID COME DOWN EVENTUALLY.

Q: DID HE HAVE ANYTHING TO EAT?

A: I CAN’T — I DON’T KNOW.

Q: HOW ABOUT BARBARA?

A: I DON’T KNOW.

Q: DON’T KNOW IF SHE CAME DOWN OR HAD ANYTHING TO EAT?

A: YOU KNOW, I REALLY DON’T. SHE MUST HAVE BEEN IN THERE ONE POINT IN TIME, BUT I DON’T KNOW IF SHE HAD ANYTHING TO EAT.

Q: HOW ABOUT TO DRINK; DID YOU GUYS HAVE ANYTHING TO DRINK THERE?

A: NO, WE DIDN’T DRINK THERE.

Q: ANY WATER?

A: I DON’T REMEMBER. I DON’T THINK I HAD ANYTHING TO DRINK THERE.

Q: HOW MANY SLICES DID YOU HAVE?

A: ONE.

Q: ESTIMATE FOR US ABOUT HOW LONG YOU WERE INSIDE THE VAN DAM HOME.

A: PROBABLY FIFTEEN MINUTES.

Q: DID YOU SEE THE DOG?

A: NO.

Q: DO YOU KNOW THE DOG?

A: I HAVE SEEN THE DOG.

Q: DO YOU KNOW IF ANYONE WENT OUTSIDE, OUT THROUGH THE SLIDING GLASS DOOR, OUT TO THE BACKYARD?

A: I DIDN’T SEE ANYBODY GO OUTSIDE.

Q: WAS ANYBODY SMOKING INSIDE THE HOUSE?

A: I DIDN’T SEE ANYBODY SMOKING.

Q: DID YOU SEE ANYBODY CONSUME ANY ALCOHOL?

A: NO.

Q: DID YOU SEE ANY DRUGS BEING USED AT THE HOUSE —

A: NO.

Q: — AT THAT TIME?

WERE YOU AWARE OF AN ALARM LIGHT BEING ON?

A: THEY HAVE ONE OF THOSE ALARM PANELS THAT LIKE IF YOU OPEN UP LIKE A CERTAIN DOOR, I’VE SEEN IT CHIRP BEFORE. IT WILL CHIRP, YOU KNOW, LIKE WHEN YOU OPEN AND CLOSE A DOOR. BUT, YOU KNOW, I JUST KNOW THAT FROM PAST EXPERIENCE. YOU KNOW, I’VE SEEN A LOT OF ALARM PANELS IN MY BUSINESS, AND THEY CHIRP, YOU KNOW. SOME OF THEM CHIRP WHEN YOU OPEN A DOOR, YOU KNOW.

Q: WE ARE JUST CONCERNED WITH THAT NIGHT. WERE YOU AWARE AT LEAST OF ANYONE CHECKING OUT A RED LIGHT OR A CHIRPING SOUND?

A: NO.

Q: HOW DID THE GET-TOGETHER BREAK UP AT THE HOUSE?

A: WELL, AFTER WE FINISHED EATING AND CHIT-CHATTING, IT SEEMED LIKE EVERYBODY JUST ABOUT LEFT AT THE SAME TIME.

Q: DID ANYBODY LEAVE BEFORE THE OTHER?

A: I THINK THE GIRLS LEFT FIRST.

Q: DID ANYBODY SEE THEM OUT?

A: BRENDA PROBABLY WALKED THEM OUT THE FRONT DOOR.

Q: THE GIRLS MEANING DENISE AND BARBARA, IS THAT RIGHT?

A: M-HM. YES.

Q: WHEN THEY LEFT, DID EITHER OF THEM HAVE DANIELLE WITH THEM?

A: NO.

Q: HOW LONG AFTER THEY LEFT DID YOU LEAVE?

A: A COUPLE MINUTES.

Q: DID YOU LEAVE WITH ANYONE?

A: KEITH.Q: DID YOU HAVE DANIELLE WITH YOU?

A: NO.

Q: DID KEITH HAVE DANIELLE WITH HIM?

A: NO.

Q: WHERE DID YOU GO ONCE YOU WALKED OUTSIDE THE HOUSE?

A: WE WENT TO KEITH’S CAR AND DROVE HOME.

Q: ONCE YOU ARRIVED AT HOME, DESCRIBE WHAT HAPPENED.

A: I CAME INTO THE HOUSE AND GOT READY FOR BED AND WENT TO BED.

Q: YOUR WIFE WAS HOME?

A: YES.

Q: WHEN DID YOU BREAK UP WITH KEITH?

A: MY CAR WAS AT HIS HOUSE, AND SO HE LIVES RIGHT DOWN THE STREET, OR USED TO LIVE RIGHT DOWN THE STREET FROM ME, SO WE DROVE TO HIS HOUSE AND SAID OUR GOOD-BYES, AND I GOT IN MY CAR AND WENT HOME.

Q: WERE YOU CONTACTED AT SOME LATER TIME REGARDING DANIELLE’S DISAPPEARANCE?

A: YES.

Q: HOW WERE YOU FIRST NOTIFIED?

A: THE NEXT MORNING I WAS STILL IN BED, BUT I WASN’T ASLEEP, AND THE PHONE RANG, AND IT WAS BRENDA ON THE PHONE. AND SHE WAS TALKING TO MY WIFE. AND TOLD HER THAT —

MR. FELDMAN: OBJECTION. HEARSAY.
THE COURT: YES. AS TO WHAT SHE SAID.
YOU NEED NOT ANSWER.

MR. FELDMAN: MOTION TO STRIKE. I THINK HE STARTED TO —

THE COURT: WELL, HE DIDN’T.

NEXT QUESTION.
BY MR. DUSEK:

Q: AFTER THAT PHONE CALL, DID YOU CHECK AROUND YOUR PLACE TO SEE IF DANIELLE WAS THERE?

A: I DON’T REMEMBER DOING THAT.

Q: EVENTUALLY WERE YOU CONTACTED BY LAW ENFORCEMENT?

A: YES.

Q: HOW QUICKLY?

A: THAT AFTERNOON.

Q: DID YOU SPEAK WITH THEM?

A: YES.

Q: DID YOU TELL THEM WHAT YOU COULD REMEMBER FROM THAT EVENING?

A: YES.

Q: DID YOU TELL THEM EVERYBODY THAT WAS AT THE VAN DAM HOME THAT EVENING?

A: YES.

MR. DUSEK: THANK YOU, SIR.

THE COURT: ALL RIGHT.

CROSS-EXAMINATION.

MR. BOYCE: THANK YOU, YOUR HONOR.

CROSS-EXAMINATION
BY MR. BOYCE:

Q: MR. BRADY, YOU TALKED TO MR. DUSEK, THE PROSECUTOR, OVER THE LUNCH HOUR.

A: YES.

Q: HOW MUCH TIME DID YOU SPEND WITH HIM DO YOU THINK?

A: A COUPLE OF MINUTES.

Q: DID YOU GO TO HIS OFFICE?

A: NO.

Q: HAD YOU MET MR. DUSEK BEFORE TODAY?

A: YES.

Q: HOW MANY TIMES?

A: TWICE.

Q: WHEN WAS THE FIRST TIME THAT YOU MET WITH MR. DUSEK?

A: THE DAY THAT DANIELLE WAS DISCOVERED.

Q: AND DID HE HAVE SOME QUESTIONS FOR YOU AT THAT TIME?

A: NO.

Q: THE SECOND TIME THAT YOU TALKED WITH MR. DUSEK, WHEN WAS THAT?

A: THURSDAY.

Q: THIS LAST THURSDAY?

A: YES.

Q: AND DID HE HAVE ANY QUESTIONS FOR YOU THEN?

A: QUESTIONS? WHAT —

Q: WELL, WHAT WAS THE PURPOSE OF YOUR MEETING?

A: WELL, I WAS SUPPOSED TO TESTIFY ON THURSDAY, SO WHATEVER INITIAL INTERVIEW, THE INITIAL INTERVIEW BEFORE TESTIFYING.

Q: HE WAS GOING TO GO OVER WHAT HE WAS GOING TO ASK YOU, IS THAT RIGHT?

A: IF THAT WAS HIS INTENTION, YES. I MEAN —

Q: WELL, HE ASKED YOU SOME QUESTIONS, DIDN’T HE?

A: YES. HE ASKED ME QUESTIONS.

Q: DID HE SHOW YOU SOME REPORTS?

A: A REPORT? WHAT KIND OF REPORT?

Q: DID HE SHOW YOU ANYTHING IN WRITING?

A: I HAD A TYPED-UP REVIEW OF MY INITIAL POLICE, YOU KNOW, WHAT DO YOU CALL IT, INTERROGATION, OR —

Q: A POLICE REPORT?

A: YEAH. A POLICE REPORT.

Q: THIS WAS PREPARED BY THE POLICE, NOT YOU, IS THAT RIGHT?

A: YES.

Q: HOW MANY REPORTS DID — WERE YOU ASKED TO LOOK AT?

A: I THINK THERE WAS THREE. I’M NOT SURE IF IT’S TWO OR THREE.

Q: WERE THEY REPORTS OF YOUR INTERVIEWS OR WERE THEY OF OTHER PEOPLE?

A: MINE.

Q: AND MR. DUSEK ASKED YOU TO LOOK AT THOSE REPORTS AND THEN HE HAD SOME QUESTIONS FOR YOU, IS THAT RIGHT?

A: YES.

Q: DID HE EXPRESS ANY CONCERNS THAT HE HAD REGARDING YOUR TESTIMONY?

A: I DON’T THINK SO.Q: AND THEN YOU MET WITH HIM AGAIN OVER THE LUNCH HOUR, IS THAT RIGHT?

A: TODAY?

Q: TODAY.

A: NO. NOT — WE DIDN’T MEET. WE MET AND CAME DOWN HERE TOGETHER AFTER LUNCH.

Q: WELL, WHEN YOU LEFT THE COURTROOM, YOU WERE WALKING DOWN THE HALLWAY TOGETHER, WEREN’T YOU?

A: YES.

Q: AND HE WAS TALKING TO YOU, WEREN’T YOU?

A: YES.

Q: AND THOSE WERE — WERE IN RELATION TO YOUR TESTIMONY, IS THAT RIGHT?

A: NOT REALLY.

Q: IT WAS ABOUT THE CASE, RIGHT?

A: HE TOLD ME NOT TO DISCUSS MY TESTIMONY WITH ANYBODY.

Q: OKAY.

THAT’S ALL HE TOLD YOU? I’M NOT ASKING YOU WHAT IT WAS. I’M JUST ASKING YOU IS THAT THE ONLY THING HE TOLD YOU.

A: I REALLY CAN’T REMEMBER WHAT ELSE WE TALKED ABOUT.

Q: NOW, YOU WERE INTERVIEWED BY SOME POLICE OFFICER, TOO, WEREN’T YOU?

A: YES.

Q: HOW MANY DIFFERENT POLICE OFFICERS?

A: THE ACTUAL INTERVIEW WAS WITH ONE. ONE POLICE
OFFICER.

Q: HOW MANY DIFFERENT TIMES?

A: TWICE.

Q: DO YOU RECALL A THIRD POLICE OFFICER WHO INTERVIEWED YOU, A THIRD OFFICER?

A: INTERVIEW?

Q: YES.

A: NO.

Q: NOW, ON FEBRUARY 1ST, YOU WERE CALLED BY — I’M SORRY. ON THE FRIDAY THAT YOU WENT TO DAD’S, —

A: M-HM.

Q: — YOU WERE CALLED BY YOUR EX-BROTHER-IN-LAW KEITH, —

A: M-HM.

Q: — AND HE SAID HE WANTED TO GO TO DAD’S BAR.

A: M-HM.

Q: YOU HAVE TO ANSWER YES OR NO BECAUSE THIS MAN CAN’T —

A: YES. YES. SORRY.Q: THE REASON HE WANTED TO GO TO DAD’S BAR WAS HE KNEW PEOPLE IN THE BAND THAT WERE PLAYING THAT NIGHT AT DAD’S.

A: YES.

Q: HE DROVE.

A: YES. I DROVE TO HIS HOUSE, AND THEN HE DROVE TO DAD’S.

Q: WHEN I SAY HE, I’M REFERRING TO RICH BRADY. IS THAT WHO YOU UNDERSTAND IT TO BE?

A: HE? YOU MEAN ME?

Q: RICH BRADY DROVE YOU TO DAD’S BAR, RIGHT?

A: I’M RICH BRADY.

Q: KEITH STONE, YOUR — YOUR EX-BROTHER-IN-LAW.

A: YES.

Q: HE DROVE YOU TO RICH BRADY’S OR HE DROVE YOU TO DAD’S, IS THAT RIGHT?

A: YES.

Q: YOU GOT THERE ABOUT 9:30.

A: YES. THEREABOUTS.

Q: YOU WALKED INTO DAD’S.

A: YES.

Q: AND YOU SAW BARBARA AND BRENDA AND DENISE, IS THAT RIGHT?

A: YES.

Q: AND YOU KNEW THEM FROM BEFORE.

A: YES. I KNEW BRENDA. BARBARA AND DENISE I HAD MET ONCE OR TWICE BEFORE.

Q: THEY WERE STANDING AT THE BAR TALKING TO MR. WESTERFIELD AND AT LEAST ONE OF HIS FRIENDS.

A: YES.

Q: AND BRENDA INTRODUCED YOU TO MR. WESTERFIELD.

A: YES, SHE DID.

Q: BRENDA ALSO INTRODUCED YOU TO HIS FRIEND, DIDN’T SHE?

A: NO.

Q: YOU NOTICED SOMEBODY ELSE THERE, THOUGH, IS THAT RIGHT?

A: THERE SEEMED TO BE SOMEONE ELSE WITH DAVID, YES.

Q: DID YOU MEET THAT PERSON THAT NIGHT?

A: THE OTHER PERSON?

Q: YES.

A: NO.

Q: DID YOU HAVE A DRINK AT THE BAR AT THAT TIME?

A: NOT WITH THEM. WE WENT, YOU KNOW, THE BAR WAS FULL THERE, YOU KNOW, SO WE WENT AROUND THE OTHER SIDE OF THE BAR, WHERE WE COULD GET TO THE BAR AND HAVE A DRINK. AND WE DID THAT.

Q: SO THE BAR IN THAT AREA WAS SO BUSY YOU FELT MORE COMFORTABLE —

A: YEAH. EXACTLY, YEAH.

Q: — YOU FELT MORE COMFORTABLE MOVING AROUND TO THE OTHER SIDE OF THE BAR.

A: YES.

Q: DID KEITH STONE GO WITH YOU WHEN YOU MOVED AROUND TO THE OTHER SIDE OF THE BAR?

A: YES.

Q: DID ANYBODY ELSE FROM THAT GROUP?

A: NO.

Q: AT SOME POINT DID YOU — YOU WENT AND PLAYED POOL WITH THE GIRLS, IS THAT RIGHT?

A: NO.

Q: YOU DIDN’T GO AT ANY TIME?

A: NO. I DIDN’T PLAY POOL WITH THE GROUP THAT I WAS WITH.

Q: WHAT ABOUT KEITH; DID HE GO AND PLAY POOL WITH BARBARA AND —

A: I DIDN’T SEE THEM PLAYING POOL OVER THERE. I DIDN’T NOTICE THEM PLAYING POOL. I MUST HAVE BEEN IN ANOTHER PLACE OR NOT PAYING ATTENTION OR — I DIDN’T SEE IT.

Q: REFERRING TO THE DIAGRAM, I THINK IT’S EXHIBIT 31, IF YOU COULD TAKE THE POINTER AND DO YOU RECOGNIZE THE PHOTOGRAPH THAT’S MARKED AS B IN EXHIBIT 31?

A: YES.

Q: AND WHAT DO YOU RECOGNIZE THAT PHOTOGRAPH TO BE?

A: THAT’S THE — THAT’S DAD’S.

Q: WHEN YOU WALKED INTO THE BAR, WHERE WAS THE FIRST LOCATION IN THE BAR THAT YOU WENT TO? DO YOU SEE IT THERE IN PHOTOGRAPH B?

A: YES.

Q: AND CAN YOU INDICATE WITH THE POINTER WHERE THAT WAS THAT YOU WENT.

A: RIGHT IN THIS AREA HERE.

Q: AND YOU’RE INDICATING —

A: THIS CORNER AREA IS WHERE EVERYBODY WAS.

Q: AS YOU FACE EXHIBIT 31, YOU’RE INDICATING THE LEFT-HAND CORNER OF THE BAR.

A: YEAH. KIND OF LIKE BY THIS — YOU KNOW, EVERYBODY SEEMED TO BE RIGHT HERE. THERE’S LIKE — THIS LOOKS LIKE WHERE THEY GIVE DRINKS TO THE GIRLS, YOU KNOW, THE WAITRESSES. AND EVERYBODY SEEMED TO BE RIGHT AROUND HERE.Q: RIGHT AROUND THIS CORNER?

A: THIS AREA HERE, YEAH.

Q: WHEN YOU SAY EVERYBODY, YOU’RE REFERRING TO BRENDA AND HER FRIENDS AND DAVID WESTERFIELD AND THE PERSON HE WAS WITH.

A: YES.

Q: AND YOU COULDN’T TELL WHETHER HE WAS WITH ONE OR MORE PEOPLE, BUT HE APPEARED TO BE WITH ONE PERSON?

A: YEAH. AT LEAST ONE MORE, YES.

Q: AND YOU COULDN’T TELL BECAUSE THE BAR WAS PRETTY CROWDED IN THAT AREA THAT NIGHT.

A: YES.

Q: THERE WAS A LOT OF ACTIVITY.A: YES.

Q: ABOUT HOW LONG DID YOU STAY IN THAT AREA THAT YOU’VE INDICATED?

A: GEE, IT’S HARD TO REMEMBER. WE WENT AROUND OVER TO HERE IN THIS AREA HERE, AND THIS IS WHERE WE SAT FOR A WHILE. I DON’T KNOW EXACTLY HOW LONG.

Q: YOU JUST INDICATED WITH THE POINTER A PLACE TO THE RIGHT OF THE CORNER OF THE BAR THAT’S IN PHOTOGRAPH B.

A: YEAH. SEE, THERE’S A COUPLE MORE SEATS THERE AT THE BAR AROUND THE SIDE.

Q: AND AFTER YOU SAW MR. WESTERFIELD IN THIS FIRST LOCATION, I BELIEVE YOU SAID YOU DIDN’T SEE HIM AGAIN THAT NIGHT.

A: I DIDN’T NOTICE HIM, NO.

Q: DO YOU RECALL NOTICING HIM ABOUT MIDNIGHT?

A: NO.

Q: DO YOU RECALL TELLING A DETECTIVE THAT YOU SAW MR. WESTERFIELD AGAIN ABOUT MIDNIGHT?

A: NO.Q: WHEN YOU WERE — WHEN YOU FIRST ARRIVED AT THE BAR AND YOU SAW EVERYONE STANDING THERE, DID EVERYONE APPEAR TO BE DRINKING A COCKTAIL?

A: M-HM. YES. SORRY.Q: I BELIEVE YOU SAY YOU BOUGHT SOME COCKTAILS FOR SOME OTHER PEOPLE THAT NIGHT. IS THAT RIGHT?

A: I DON’T REMEMBER WHO — I MEAN I KNOW I — KEITH AND I WERE PROBABLY BUYING DRINKS FOR EACH OTHER, SO THAT’S NORMAL.

Q: WHAT ABOUT FOR BRENDA AND BARBARA; DO YOU REMEMBER BUYING THEM A DRINK?

A: YOU KNOW, I DON’T REMEMBER BUYING THEM ANY DRINKS.

Q: DO YOU REMEMBER HAVING ANY SHOTS THAT NIGHT?

A: I REMEMBER HAVING ONE.

Q: SHOT OF TEQUILA.

A: YES.

Q: DID YOU BUY OTHER PEOPLE SHOTS?

A: I DON’T REMEMBER.

Q: YOU WERE STILL THERE AT DAD’S BAR WHEN IT WAS CLOSING AROUND 2:00 O’CLOCK.

A: YES.

Q: AND AS IT CLOSED, BRENDA SAID TO YOU LET’S GO BACK TO MY HOUSE.

A: NO. THAT’S NOT THE WAY IT WENT. EVERYBODY WAS IN A GROUP TALKING ABOUT GOING TO GET A BITE TO EAT UP AT BRENDA’S, AND THAT’S THE WAY I REMEMBER IT.

Q: WELL, WAS THE WAY IT HAPPENED SO THE BAR GOES TO CLOSE AT 2:00 O’CLOCK, WHATEVER, AND BRENDA SAYS, YOU KNOW, LET’S GO BACK TO MY HOUSE, AND I SAID SHOULD WE FOLLOW THEM UP THERE?

A: IT COULD HAVE BEEN. THAT COULD HAVE BEEN SOMETHING THE WAY IT HAPPENED.

Q: AND YOU SAID SHOULD WE FOLLOW THEM UP THERE TO KEITH, KEITH STONE.

A: YOU KNOW, I COULD HAVE. I DON’T REMEMBER.

Q: AND IN GOING OVER TO BRENDA’S HOUSE, IT WASN’T YOUR PURPOSE TO HOOK UP WITH ANY OF THE GIRLS, WAS IT?

A: NO.

Q: BUT IT WAS KEITH’S PURPOSE, WASN’T IT?

MR. DUSEK: OBJECTION. CALLS FOR SPECULATION.

THE COURT: SUSTAINED.

YOU NEED NOT ANSWER.
BY MR. BOYCE:

Q: DID KEITH SAY ANYTHING TO YOU OR GIVE ANY INDICATION TO YOU OF HOOKING UP WITH ANY OF THE GIRLS OVER AT BRENDA’S HOUSE?

A: NO.

MR. DUSEK: OBJECTION. HEARSAY.
THE COURT: OVERRULED.

THE ANSWER WAS NO. IT WILL STAND.
BY MR. BOYCE:

Q: THAT NIGHT WASN’T THE FIRST NIGHT YOU HAD BEEN OVER TO THE VAN DAMS’ HOUSE, IS IT?

MR. DUSEK: OBJECTION. RELEVANCY.

THE COURT: OVERRULED.
YOU CAN SAY YES OR NO.

THE WITNESS: WHAT WAS THE QUESTION AGAIN?
BY MR. BOYCE:

Q: THAT NIGHT WAS NOT THE FIRST NIGHT YOU HAD BEEN OVER TO THE VAN DAMS’ HOUSE.

A: THAT WASN’T THE FIRST TIME I WAS THERE, NO.Q: YOU’VE BEEN OVER THERE SEVERAL TIMES.

A: YES.

Q: AND YOU DON’T KNOW WHERE DANIELLE’S BEDROOM IS, DO YOU?

A: NO, I DO NOT.

Q: YOU LIVE IN THE SABRE SPRINGS AREA, DON’T YOU?

A: YES.

Q: ABOUT A HALF A MILE AWAY.

A: YES.

Q: YOU KNOW THAT THE — YOU KNOW THAT THE VAN DAMS DO HAVE A DOG, DON’T YOU?

A: YES.

Q: AND YOU DESCRIBED IT AS A BIG, SLOPPY DOG THAT KEEPS JUMPING ON YOU.

A: IT WAS A PUPPY.

Q: IT’S A PUPPY BUT IT’S A VERY ACTIVE PUPPY, ISN’T IT?

A: YEAH. THEY KEPT IT IN A CAGE A LOT OR KENNEL, YOU KNOW, BECAUSE KEEP IT UNDER WRAPS, YOU KNOW.

Q: THE DOG WAS, ALTHOUGH IT MAY HAVE BEEN A YOUNG DOG, IT WAS NOT A VERY SMALL DOG, WAS IT?

A: IT GREW FAST. IT SEEMED LIKE IT GREW FAST WHEN IT WAS A PUPPY.

Q: YOU DESCRIBED IT AS A BIG, SLOPPY DOG.

A: WELL, IT’S NOT LIKE — I WOULDN’T SAY BIG. I MEAN IN THE TERMS OF BIG, A SAINT BERNARD, YOU KNOW.Q: BUT THAT’S A WORD YOU —

A: I DON’T KNOW WHAT KIND — I DON’T EVEN KNOW WHAT KIND OF DOG IT IS. BUT IS THAT WHAT I — I DON’T REMEMBER SAYING THAT IT WAS A BIG, SLOPPY DOG, BUT I CAN, YOU KNOW, A PUPPY IS A PUPPY. THEY LICK YOU, WHICH MAKES THEM SLOPPY, AND THEY — THEY RUN AROUND A LOT.

Q: YOU DON’T RECALL DESCRIBING IT AS A BIG, SLOPPY DOG.

A: NO. I DON’T RECALL DESCRIBING IT LIKE THAT.

(A WATER PITCHER FELL FROM THE JURYBOX.)
THE COURT: NICE CATCH. MR. DUSEK’S HAD THAT SAME EXPERIENCE, BUT HE WASN’T QUITE AS FAST.
BY MR. BOYCE:

Q: YOU DON’T HAVE ANY RECOLLECTION NOW, DO YOU, OF SAYING BIG, SLOPPY DOG?

A: NO, I DON’T.

Q: WOULD IT REFRESH YOUR RECOLLECTION TO SEE A TRANSCRIPT OF THE STATEMENT YOU GAVE TO THE POLICE?

A: YES.

Q: MR. BRADY, REFERRING YOU TO PAGE 368 OF OUR DISCOVERY, REFERRING YOU TO JUST ABOUT —

A: WHERE ARE WE AT?

Q: ABOUT EIGHT LINES UP FROM THE BOTTOM. CAN YOU READ THAT TO YOURSELF, THIS LINE HERE.

A: YES. I CAN READ THAT.

Q: DO YOU RECALL NOW AFTER READING THAT, YOU KNOW, IT’S A BIG, SLOPPY DOG, AND I KEEP TELLING — AND IT’S AN INAUDIBLE
— JUMPING UP ON ME, YOU KNOW.

A: IF IT’S ON THERE, THAT MEANS I SAID IT I GUESS, RIGHT, BUT I DON’T REALLY REMEMBER SAYING THAT SPECIFIC —Q: YOU WERE TRUTHFUL WHEN YOU TALKED TO THE POLICE, WEREN’T YOU?

A: YES.

Q: WHEN YOU FIRST GOT TO THE VAN DAMS’ HOUSE THAT NIGHT, DID YOU SEE ANYONE ELSE AROUND?

A: INSIDE?

Q: WELL, WHEN YOU ARRIVED, WERE THE GIRLS OUTSIDE?

A: NO.

Q: MEANING BRENDA AND DENISE AND BARBARA. DID YOU SEE THEM?

A: WHEN WE WENT INSIDE?

Q: DID YOU SEE THEM OUTSIDE?

A: NO.

Q: SO WHEN YOU ARRIVED, THEY WERE ALREADY INSIDE, IS THAT RIGHT?

A: YES.

Q: AND DID YOU SEE — WHEN YOU WALKED INSIDE, DID YOU SEE BARBARA GO UPSTAIRS?

A: NO.

Q: WAS BARBARA DOWNSTAIRS WHEN YOU ARRIVED?

A: SHE MIGHT HAVE BEEN. I DON’T REMEMBER.

Q: DO YOU REMEMBER WHO WAS DOWNSTAIRS WHEN YOU ARRIVED?

A: I KNOW KEITH AND I WERE. AND FOR SURE, LIKE I SAID, I SAW BRENDA GOING UP THE STAIRS. AND AT THAT MOMENT WHEN WE FIRST ARRIVED, I DON’T RECALL SEEING DENISE OR BARBARA.

Q: WELL, SOME TIME PASSED AND YOU STARTED TO TALK TO KEITH STONE ABOUT THE FACT THAT WHAT WAS BARBARA DOING UPSTAIRS.

Q: DID YOU SAY THAT YOU NOTICED THAT THE ALARM LIGHT WAS ON IN THE HOUSE?

A: THAT NIGHT I REALLY DIDN’T PAY ATTENTION TO THE ALARM. THAT PANEL’S RIGHT BY THE DOOR WHEN YOU WALK IN. BUT I, YOU KNOW, I THINK IT’S OVER BY THE GARAGE DOOR, BUT I DIDN’T REALLY PAY ATTENTION TO IT.

Q: BUT WHEN YOU WALKED IN, THE GIRLS HAD ALREADY ARRIVED, IS THAT RIGHT?

A: YES.

Q: AND THE LIGHTS IN THE HOUSE WERE ON AT THAT POINT.

A: YES.

Q: DO YOU RECALL AFTER YOU WALKED IN THAT THERE WAS DISCUSSION ABOUT THE GARAGE DOOR, A DOOR INSIDE THE GARAGE BEING OPEN?

A: NO.

Q: AND WHEN YOU WALKED IN, DAMON HAD NOT COME DOWNSTAIRS YET, HAD HE?

A: NO.Q: AND YOU DON’T RECALL ANY DISCUSSION ABOUT THE GARAGE DOOR BEING OPEN FROM THE TIME THAT YOU ENTERED UNTIL THE TIME THAT YOU LEFT WITH KEITH THAT NIGHT, DO YOU?

A: NO.

Q: THE MARIJUANA THAT WAS SMOKED THAT NIGHT, WAS THAT MARIJUANA THAT YOU HAD PROVIDED TO BRENDA?

A: YES.

Q: HOW MUCH DID YOU PROVIDE TO HER?

A: IT WAS A SMALL AMOUNT.

Q: WAS IT IN A BAGGY?

A: NO.

Q: DO YOU RECALL HOW IT WAS PACKAGED?

A: IT WAS IN A SMALL ENVELOPE.

Q: DID YOU PROVIDE IT TO HER THAT NIGHT?

A: NO.

Q: DID YOU PROVIDE IT TO HER ON THE 25TH OF JANUARY?

A: I’M NOT REALLY SURE WHAT DAY.

Q: THAT WAS A WEEK BEFORE, FRIDAY BEFORE.

A: COULD HAVE BEEN.

Q: YOU WERE FAMILIAR WITH MR. WESTERFIELD’S MOTOR HOME, WEREN’T YOU?

A: NO.

Q: YOU DON’T RECALL HAVING A DISCUSSION WITH BRENDA ABOUT MR. WESTERFIELD’S MOTOR HOME?

A: YES.

Q: AND THE FACT THAT IT WAS AN EYESORE IN THE NEIGHBORHOOD.

A: YES.

Q: AND THAT THERE HAD BEEN COMPLAINTS ABOUT THE MOTOR HOME BEING PARKED IN THE NEIGHBORHOOD.

A: YOU KNOW, I DON’T — WE DIDN’T DISCUSS IT A LOT. I MEAN THEY WERE MENTIONED TO THEM THAT THEY WERE TRYING TO, YOU KNOW, HAVE HIM STORE IT SOMEWHERE RATHER THAN PARK IT ON THE STREET. BUT, YOU KNOW, WE DIDN’T TALK ABOUT IT A LOT.

Q: HOW MANY TIMES DID YOU DISCUSS THE MOTOR HOME WITH BRENDA?

A: A COUPLE OF TIMES.

(DISCUSSION OFF THE RECORD BETWEEN MR. BOYCE
AND MR. FELDMAN.)
BY MR. BOYCE:

Q: DID YOU DISCUSS THE MOTOR HOME WITH DAMON VAN DAM?

A: YOU KNOW, THE TIMES WHEN WE DISCUSSED IT, YOU KNOW, IT WAS PROBABLY WE WERE ALL TOGETHER. I MEAN, YOU KNOW.

Q: WHEN YOU SAY —

A: I DIDN’T GO AND DISCUSS IT, YOU KNOW, I DIDN’T GO OUT, YOU KNOW, INTENTIONALLY GO TO DISCUSS THAT SUBJECT WITH THEM. BUT I’M SURE THAT WHEN IT CAME UP, WE WERE TOGETHER.

Q: WHEN YOU SAY WE, YOU MEAN YOU AND BRENDA AND DAMON?

A: YES. I’M SURE IT WASN’T A GROUP OR. . . LIKE I RECALL ONE TIME TALKING, THEY WERE TRYING TO GET THE MOTOR HOME STORED, NOT PARKED ON THE STREET.

Q: HAD YOU EVER BEEN UPSTAIRS IN THE VAN DAM HOUSE?

A: ONE TIME.

Q: THE CONVERSATION REGARDING STORING THE MOTOR HOME, DO YOU RECALL WHEN THAT WAS?A: LAST YEAR SOME TIME.

Q: IN THE YEAR 2001?

A: PROBABLY.

Q: DO YOU RECALL IF IT WAS THE EARLY PART OF 2001?

A: I CAN’T REMEMBER WHEN EXACTLY.

(DISCUSSION OFF THE RECORD BETWEEN MR. BOYCE
AND MR. FELDMAN.)
BY MR. BOYCE:

Q: YOU SAID THAT YOU HAD MET BARBARA AND DENISE PREVIOUSLY. WHEN WAS THAT?

A: I THINK IT WAS AT ONE OF THE KIDS’ BIRTHDAY PARTIES AT THE HOUSE THEY WERE THERE. I GUESS WHEN I WAS INITIALLY INTRODUCED. AND THEN THERE WAS A TIME WHERE I THINK IT WAS LIKE THANKSGIVING MAYBE. THE VAN DAMS HAD A THANKSGIVING GATHERING, AND THEY MIGHT HAVE BEEN THERE, TOO, FOR THAT. I’M NOT REALLY
— IT WAS A HOLIDAY GATHERING. I’M NOT REALLY SURE WHICH ONE IT WAS.

Q: IT WASN’T HALLOWEEN, WAS IT?

A: NO.

MR. BOYCE: NOTHING FURTHER.
THE COURT: ANYTHING FURTHER, MR. DUSEK?

REDIRECT EXAMINATION
BY MR. DUSEK:

Q: HOW LONG AGO WAS IT THAT YOU WERE UPSTAIRS AT THE VAN DAM HOME?

A: IT WAS ONE TIME LAST YEAR. I CAN’T RECALL EXACTLY WHEN. IT WAS A WHILE BACK.

Q: WHAT DID YOU GO UP THERE FOR?

A: IT WAS — IT MIGHT HAVE BEEN THE DAY OF THE BIRTHDAY PARTY OR ONE OF THOSE DAYS. MY YOUNGEST SON WAS UP THERE PLAYING. WE WERE LEAVING, AND HE WOULDN’T COME DOWN, SO I HAD TO GO UP AND GET HIM AND BRING HIM DOWNSTAIRS. HE WAS PLAYING WITH THE LITTLE GUY, DYLAN, THE PRETTY YOUNG SON.

Q: YOU ALSO INDICATED YOU HAD BEEN AT THE HOME SEVERAL TIMES. BEFORE THIS INCIDENT ON THE 1ST OF FEBRUARY, WHEN WAS THE MOST RECENT TIME TO THAT THAT YOU HAD BEEN IN THE HOME OR AT THE HOME?

A: SINCE BEFORE THEN, I CAN’T RECALL. IT MIGHT HAVE BEEN, YOU KNOW, AT THE END OF LAST YEAR SOME TIME.

Q: DO YOU RECALL GOING THERE THE WEEK, WITHIN THE WEEK OF THIS — DANIELLE’S DISAPPEARANCE?

A: YES, I WAS THERE. ACTUALLY IT WAS THE DAY BEFORE DANIELLE DISAPPEARED.

Q: WHY WERE YOU THERE?

A: THAT’S RIGHT.

WE HAD TO TAKE MY OLDEST SON TO SCHOOL EARLY FOR A MEETING. AND SO WE DROPPED OFF MY YOUNGEST SON THERE FOR THEM TO WATCH, YOU KNOW, BECAUSE SCHOOL DOESN’T START UNTIL 9:00, AND WE HAD AN 8:00 O’CLOCK MEETING. SO WE, YOU KNOW, WE DROPPED HIM OFF THERE ABOUT QUARTER TO 8:00, AND WE PICKED HIM UP WHEN WE WERE DONE. AND THAT WAS THE LAST TIME I WAS IN THE HOUSE.

Q: THE VAN DAM DOG, DESCRIBE IT FOR US. WHAT DID IT LOOK LIKE?

A: IT’S LIKE A GRAY, I’M NOT REAL SURE, I’M NOT REALLY BIG ON, YOU KNOW, WHAT KIND OF DOGS ARE. I THINK IT’S A WOTLEIMER OR WHATEVER. IT’S A GRAY, BONY-STRUCTURED, IT ALMOST LOOKS LIKE A GREYHOUND, BUT A LITTLE MORE BEEF ON IT. AND SINCE IT WAS A PUPPY AND IT WAS GETTING KIND OF BIG, IT SEEMED LIKE ITS LEGS WOULD GO IN DIFFERENT DIRECTIONS AND STUFF. IT WASN’T VERY COORDINATED, YOU KNOW.

Q: BACK IN FEBRUARY HOW TALL WAS IT, IF YOU CAN GO AGAINST YOUR BODY OR ANY OTHER WAY?

A: IT WAS PROBABLY, YOU KNOW, ABOVE MY KNEE WHEN I’M STANDING UP.

Q: AND YOU MENTIONED SOME DISCUSSION THAT YOU HAD HAD WITH THE VAN DAMS REGARDING THE MOTOR HOME.

A: M-HM.

Q: DO YOU KNOW WHICH MOTOR HOME IT WAS THAT MR. WESTERFIELD HAD AT THE TIME?

A: WELL, I JUST ASSUMED IT WAS THE ONE PARKED BY, YOU KNOW, THAT CORNER, HIS HOUSE, YOU KNOW.

Q: DO YOU KNOW HOW MANY HE’S HAD?

A: NO.Q: HOW LONG AGO WAS THIS?

A: LAST YEAR.

MR. DUSEK: THANK YOU, SIR.

THE COURT: ANYTHING FURTHER, MR. BOYCE?

RECROSS-EXAMINATION
BY MR. BOYCE:

Q: HOW TALL ARE YOU, SIR?

A: FIVE TEN.

Q: SO UP TO YOUR KNEE IS ABOUT HOW —

A: PROBABLY A LITTLE BIT OVER MY KNEE.

Q: OVER YOUR KNEE?

A: YEAH. ‘CAUSE THE DOG WAS GROWING, YOU KNOW, ALL THIS TIME, I MEAN. AND, YOU KNOW, PUPPIES GROW FAST, YOU KNOW.

Q: ABOUT TWO AND A HALF FEET, THEN?

A: PROBABLY. I WOULD SAY THE DOG’S LIKE, YOU KNOW, ABOUT THIS HIGH AND, YOU KNOW, WITHOUT THE HEAD (INDICATING).

Q: HE’S HAVING A LITTLE TROUBLE WRITING THAT DOWN.

THE COURT: MR. BOYCE, I AM GOING TO ASK YOU TO DESCRIBE IT.
BY MR. BOYCE:

Q: YOU HAD YOUR ARMS EXTENDED ABOUT WHAT, THREE FEET, FOUR FEET?

A: TWO AND A HALF FEET, THREE FEET.

Q: AND THAT’S FROM HEAD TO TOP, I MEAN FROM THE —A: FROM THE FEET LIKE TO THE BACK, YOU KNOW. IT’S NOT A SMALL DOG, BUT IT’S NOT LIKE, YOU KNOW, A SAINT BERNARD.

Q: SO ABOUT THREE FEET TALL?

A: IN THERE SOMEWHERE. COUPLE FEET TALL. AND IT’S PROBABLY BIGGER NOW THAN IT WAS BACK THEN, YOU KNOW.

MR. BOYCE: I DON’T HAVE ANYTHING FURTHER, YOUR HONOR.

THE COURT: ALL RIGHT.

ANYTHING FURTHER?

MR. DUSEK: NO.

THE COURT: IS THIS WITNESS TO BE EXCUSED OR SUBJECT TO RECALL?

MR. DUSEK: EXCUSED.

MR. FELDMAN: NO OBJECTION.

MR. BOYCE: NO OBJECTION.

THE COURT: ALL RIGHT.

SIR, YOU ARE FREE FROM YOUR SUBPOENA. YOU ARE FREE TO LEAVE THESE PROCEEDINGS, BUT YOU ARE STILL UNDER AN ORDER NOT TO DISCUSS YOUR TESTIMONY WITH ANY OTHER PERSONS UNTIL THIS MATTER IS CONCLUDED. OKAY?

THE WITNESS: OKAY, YOUR HONOR.

THE COURT: ALL RIGHT. THANK YOU VERY MUCH FOR COMING IN.

THE WITNESS: YOU’RE WELCOME.

THE COURT: YOU ARE FREE TO LEAVE AT THIS TIME.

(THE WITNESS WAS EXCUSED.)
MR. DUSEK: KEITH STONE.

KEITH STONE,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:

THE CLERK: SIR, WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.

THE WITNESS: KEITH STONE. K-E-I-T-H S-T-O-N-E.

DIRECT EXAMINATION
BY MR. DUSEK:

Q: WHAT TYPE OF WORK DO YOU DO, MR. STONE?

A: I’M A SENIOR PROJECT MANAGER FOR A LOCAL GENERAL CONTRACTOR.

Q: WHAT DO YOU BUILD?

A: COMMERCIAL APPLICATIONS.Q: HOW LONG HAVE YOU BEEN DOING THAT TYPE OF WORK?

A: TWELVE YEARS.

Q: MARRIED OR SINGLE?

A: SINGLE.

Q: HOW LONG HAVE YOU BEEN SINGLE?

A: ABOUT SIX YEARS.

Q: ARE YOU DIVORCED?

A: DIVORCED, YES.

Q: DO YOU KNOW RICH BRADY WHO JUST LEFT?

A: YES, I DO.Q: HOW DO YOU KNOW HIM?

A: HIS WIFE IS MY EX-WIFE’S SISTER.

Q: ALL RIGHT.

A: HE’S MY EX-BROTHER-IN-LAW.

Q: SO YOUR WIFE AND HIS WIFE WERE SISTERS?

A: THEY STILL ARE.

Q: YOU’RE READY, AREN’T YOU?
I WOULD LIKE TO DIRECT YOUR ATTENTION BACK TO FEBRUARY 1ST OF THE YEAR 2002. WHERE WERE YOU LIVING AT THAT TIME?

A: IN SABRE SPRINGS.

Q: HOW FAR FROM RICH BRADY?

A: ABOUT A MILE, MILE AND A HALF. NO. PROBABLY ABOUT A MILE. I’M SORRY. ABOUT A MILE.

Q: DID YOU KNOW THE VAN DAM FAMILY?

A: YES, I DO.

Q: HOW FAR WERE YOU LIVING FROM THEIR HOUSE?

A: A COUPLE MILES.

Q: ON THAT DATE DID YOU AND RICH BRADY DECIDE TO GO SOMEWHERE?

A: YES.

Q: WHERE DID YOU DECIDE TO GO?

A: THAT DATE BEING FEBRUARY 1ST?

Q: FEBRUARY 1ST OF 2002.

A: WE DECIDED TO GO DOWN TO DAD’S CAFE TO LISTEN TO A FRIEND OF MINE PLAY IN A BAND.

Q: WHO’S THE FRIEND?

A: HIS NAME IS CHRIS.

Q: DO YOU KNOW THE NAME OF THE BAND?

A: F/X.

Q: CAN YOU SPELL IT FOR —

A: F/X.

Q: OKAY.

HOW DID YOU KNOW THE BAND MEMBER?

A: HE’S A BUSINESS ASSOCIATE OF MINE.

Q: HOW DID YOU KNOW THEY WERE GOING TO PLAY AT DAD’S?

A: HE INVITED ME ABOUT A WEEK AGO, ABOUT A WEEK BEFORE THAT TO COME DOWN AND LISTEN TO HIM PLAY.

Q: HAD YOU EVER HEARD HIM PLAY BEFORE?

A: YES, I HAVE.

Q: HAD YOU BEEN TO DAD’S BEFORE?

A: YES, I HAVE.

Q: ABOUT HOW MANY TIMES?

A: A COUPLE.

Q: FOR WHAT?

A: I PLAY SOFTBALL ON TUESDAY EVENINGS IN POWAY, AND I WOULD GO TO DAD’S AND STOP AND HAVE A BEER. I THINK I DID THAT ON TWO OCCASIONS.

Q: HAD YOU EVER EATEN THERE?

A: NO.

Q: HOW DO YOU MAKE CONTACT WITH RICH BRADY SO YOU COULD GO TO DAD’S ON THIS OCCASION?

A: WELL, I THINK EARLY THAT WEEK I ASKED HIM IF HE WANTED TO GO DOWN. I TOLD HIM THAT A FRIEND OF MINE WAS PLAYING DOWN THERE. AND HE DIDN’T GET BACK TO ME RIGHT AWAY. I BELIEVE HE TOLD ME THAT DAY THAT HE WOULD BE ABLE TO GO. SO WE DECIDED TO HEAD DOWN TOGETHER.

Q: WHO DROVE?

A: I DID.

Q: FROM YOUR PLACE OR FROM HIS PLACE?

A: FROM MY PLACE.

Q: WHEN YOU GOT TO DAD’S, WHERE DID YOU PARK, DO YOU REMEMBER?

A: YEAH. PRETTY WELL CLOSE TO THE FRONT OF THE FACILITY.

Q: TELL ME WHAT HAPPENED AS SOON AS YOU GOT THERE.

A: WELL, WE WALKED IN. AND THERE WAS A COVER CHARGE THAT THE DOORMAN WAS ASKING FOR. AND I EXPLAINED TO HIM THAT WE WERE BOTH GUESTS OF THE BAND. SO THEY LET US THROUGH.

Q: HOW MUCH WAS THE COVER CHARGE?

A: I DON’T REMEMBER. IT WAS A PRETTY SIGNIFICANT, THOUGH. I WOULD SAY SIX OR SEVEN DOLLARS.

Q: SO YOU WERE ABLE TO BEAT THAT?

A: YES.

Q: WHEN YOU GOT INSIDE, WHAT DID YOU DO?

A: HEADED TOWARDS THE BAR. WE WERE THIRSTY.

Q: DID YOU SEE ANYBODY INSIDE THAT YOU RECOGNIZED?

A: YES, I DID.

Q: WHO?

A: BRENDA VAN DAM.

Q: DID YOU KNOW SHE WAS GOING TO BE THERE?

A: NO.

Q: HAD YOU MADE ANY PRIOR ARRANGEMENTS FOR HER OR ANY OF HER FRIENDS TO MEET UP THERE?

A: NO.

Q: WHERE WERE THEY?

A: THEY WERE AT THE BAR.

Q: WERE THEY WITH ANYONE? WAS SHE WITH ANYONE?

A: SHE WAS WITH TWO OF HER FRIENDS.

Q: DID YOU KNOW THEIR NAMES?

A: DENISE AND BARBARA.

Q: DID YOU JUST MEET THEM THAT DAY OR HAD YOU KNOWN THEM IN PRIOR TIMES?

A: MET THEM THAT EVENING.

Q: WHAT WERE THEY DOING?

A: SITTING AT THE BAR HAVING A DRINK.

Q: DID YOU SEE ANYBODY ELSE THERE THAT YOU KNEW?

A: NO.

Q: DID YOU KNOW AT THAT TIME AN INDIVIDUAL BY THE NAME OF DAVID WESTERFIELD?

A: WHEN WE FIRST ARRIVED AT THE BAR?

Q: YES.

A: NO, I DID NOT.

Q: WERE YOU INTRODUCED TO SOMEONE WITH THAT NAME?

A: YES, I WAS.

Q: HOW QUICKLY?

A: WITHIN AN HOUR.

Q: WHO INTRODUCED YOU?

A: BRENDA.

Q: DO YOU RECALL WHAT SHE SAID?

A: YEAH. WE WERE BACK UP AT THE BAR, AND SHE SAID THIS IS DAVID, MY NEIGHBOR. AND SHE INTRODUCED ME TO HIM.

Q: DO YOU SEE HIM IN COURT TODAY?

A: YES, I DO.

Q: WOULD YOU POINT HIM OUT, PLEASE, AND DESCRIBE WHAT HE’S WEARING TODAY.

A: HE’S GOT A GRAY JACKET ON, WHITE SHIRT, PURPLE TIE.

THE COURT: THE RECORD WILL SHOW IDENTIFICATION.
BY MR. DUSEK:

Q: DID THE DEFENDANT APPEAR TO BE WITH ANYONE AT DAD’S?

A: THERE WERE TWO OTHER GENTLEMEN SITTING AT THE BAR WITH HIM.

Q: DID YOU GET THEIR NAMES?

A: I DID NOT.

Q: WERE YOU INTRODUCED TO THEM?

A: NO, I WAS NOT.Q: WHAT PART OF THE BAR WERE THEY AT?

A: CORNER OF THE BAR.

Q: LET ME HAVE YOU LOOK AT OUR PICTURES BEHIND YOU. COURT’S EXHIBIT 33 LABELED AT THE TOP “DAD’S CAFE AND STEAKHOUSE.” THE TOP PHOTOGRAPH, DO YOU RECOGNIZE WHAT THAT DEPICTS?

THE COURT: COUNSEL, LET ME INTERRUPT. I DON’T THINK IT’S 33.

MR. DUSEK: IT’S 31.

THE COURT: OKAY.
BY MR. DUSEK:

Q: THE TOP PHOTOGRAPH ON 31, PHOTOGRAPH A, WHAT DOES THAT SHOW US, SIR?

A: THE EXTERIOR LOOKS LIKE — I THINK THAT FRONTS POWAY ROAD OF DAD’S.

Q: PHOTOGRAPH B, WHAT IS THAT SHOWING US?

A: THE INTERIOR OF THE BAR AND THE DANCE FLOOR.

Q: DO YOU SEE THE AREA WHERE YOU SAW BRENDA VAN DAM AND HER TWO FRIENDS?

A: YES, I DO.

Q: COULD YOU POINT IT OUT, PLEASE, WITH THE POINTER.

A: THEY WERE SITTING RIGHT HERE.

Q: YOU’VE INDICATED AT THE FAR CORNER OF THE BAR ON PHOTOGRAPH B.

A: YEAH. ABOUT THREE OR FOUR SEATS IN FROM THE CORNER.

Q: AND WHERE WAS THE DEFENDANT?

A: I’M NOT EXACTLY SURE, BUT I BELIEVE HE WAS EITHER HERE OR HERE. I BELIEVE IT WAS HERE, THOUGH.

Q: AND WHERE YOU SAY YOU BELIEVE HERE WOULD BE THE FIRST SEAT TO THE RIGHT OF THE CORNER OF THE BAR CLOSEST TO THE CAMERAMAN.

A: YES, SIR.

Q: WHERE WAS HE WHEN YOU WERE INTRODUCED TO HIM?

A: IN THAT SAME POSITION.

Q: DID YOU CHAT WITH HIM AT THAT POINT?

A: I DID NOT.Q: WHAT WAS GOING ON AFTER THE INTRODUCTIONS WERE MADE?

A: I JUST WENT BACK UP TO THE BAR. I THINK I ORDERED A BEER. AND I HEADED BACK TO PLAY SOME POOL.

Q: DID YOU GO BACK THERE WITH ANYONE?

A: NO, I DID NOT.Q: DID YOU PLAY POOL?

A: YES.

Q: WITH WHOM?

A: JUST THE GROUP OF PEOPLE. THERE WAS A SYSTEM THERE AT THE BAR THAT ALLOWS YOU TO PUT QUARTERS ON THE BAR AND JUST PLAY LIKE A ROUND-ROBIN-TYPE TOURNAMENT.

Q: DID YOU ACTUALLY PLAY?

A: YES, I DID.

Q: LIKE WITH STRANGERS?

A: YEAH.

Q: LET ME DIRECT YOUR ATTENTION BACK TO EXHIBIT 31. DO YOU SEE THE AREA WHERE THE POOL TABLES ARE SET UP?

A: YES.

Q: WHICH PHOTOGRAPH?

A: RIGHT HERE.

Q: PHOTOGRAPH D?

A: YES, SIR.

Q: WHERE WAS RICH BRADY AT THE TIME YOU WENT BACK THERE TO PLAY POOL?

A: I’M NOT REALLY SURE. HE DIDN’T PLAY. I DON’T KNOW.

Q: HOW ABOUT THE LADIES, BRENDA VAN DAM AND HER TWO FRIENDS; DID THEY GO WITH YOU AT THAT POINT?

A: LATER ON THEY DID. ACTUALLY JUST BARBARA DID. NOT BRENDA AND HER FRIEND. HER OTHER FRIEND.

Q: WHAT WAS YOUR INTEREST IN BARBARA THAT EVENING?

A: IT WAS AN INTEREST. I HAD — THERE WAS SOME BANTERING GOING ON BETWEEN US.Q: ALL RIGHT.

DID YOU PLAY POOL WITH ANYBODY OUT OF THAT BUNCH?

A: YES, I DID.

Q: WHO?

A: BARBARA.

Q: WAS THERE ANYBODY ELSE PLAYING ON YOUR TABLE?

A: NO.

Q: DO YOU KNOW WHO WAS PLAYING ON THE OTHER TABLE?

A: WELL, WHEN WE LOOKED OVER, WHEN BARBARA AND I WERE PLAYING, BRENDA AND DENISE WERE ALSO PLAYING OVER THERE.

Q: WERE THEY PLAYING WITH ANYONE?

A: YES, THEY WERE.

Q: WHO?

A: I DON’T KNOW.

Q: YOU NEVER WERE INTRODUCED TO THOSE PEOPLE?

A: NO, SIR.

Q: ESTIMATE FOR US ABOUT HOW LONG YOU GUYS WERE PLAYING POOL.

A: I WOULD SAY PROBABLY HALF-HOUR.

Q: HOW MANY GAMES?

A: TWO OR THREE.

Q: THE ENTIRE TIME THAT YOU PLAYED, YOU WERE PLAYING WITH BARBARA?

A: YES.

Q: ANY DRINKING GOING ON DURING THAT TIME?

A: YES.

Q: WHAT WERE YOU DRINKING?

A: I WAS DRINKING BEER.

Q: DO YOU KNOW WHAT BARBARA WAS DRINKING?

A: I WASN’T PAYING ATTENTION TO WHAT SHE WAS DRINKING AT LEAST.

Q: THE DEFENDANT, DID YOU SEE HIM AROUND WHILE YOU WERE PLAYING POOL?

A: NO, I DID NOT.

Q: WERE YOU PAYING ATTENTION TO ANYBODY ELSE THAT WAS HANGING AROUND AT THAT TIME?

A: NO, I WASN’T.

Q: DO YOU KNOW WHERE YOUR FRIEND RICH BRADY WAS WHILE YOU WERE PLAYING POOL?

A: WELL, I SAW HIM TALKING TO THE OWNER OF DAD’S AT ONE TIME, BUT IT’S NOT A BIG PLACE, BUT A LOT OF LOUD MUSIC AND, YOU KNOW, WASN’T REALLY FOCUSING IN ON THAT PARTICULAR EVENT.

Q: DO YOU KNOW THE NAME OF THE OWNER?

A: I BELIEVE HIS NAME IS PAT. I DON’T KNOW HIS LAST NAME.

Q: WHEN YOU WERE PLAYING POOL, DO YOU KNOW IF THE BAND HAD STARTED YET?

A: NO. WE WERE STILL IN THE OTHER ROOM, THE POOL ROOM. BUT THE MUSIC WAS DEFINITELY — COULD BE HEARD IN THAT ROOM AS WELL.

Q: DO YOU RECALL ANY MINORS IN THE POOL AREA?

A: WHEN I WAS BACK THERE, THERE WERE TWO YOUNG LADIES THAT WERE PLAYING POOL OR WANTED TO GET ON THE POOL TABLE. AND IT WAS APPROACHING I’D SAY 10:00 O’CLOCK. AND THEY WERE TOLD BY THE BOUNCER THAT THEY HAD TO LEAVE. SO I BELIEVE THEY WERE THERE PREVIOUSLY.

Q: AND WHEN YOU SAY YOUNG LADIES OR YOUNG GIRLS, —

A: I WOULD ASSUME THAT THEY WERE UNDER TWENTY-ONE, BUT I COULDN’T REALLY TELL. TWENTY, NINETEEN, TWENTY, SOMEWHERE IN THAT RANGE.

Q: NOT IN THE SEVEN, EIGHT, OR NINE RANGE.

A: NO, SIR.

Q: WHAT HAPPENED WHEN YOU WERE DONE PLAYING POOL?

A: WE HEADED TOWARDS THE FRONT OF THE BAR. THE FRONT OF THE BAR BEING THE BAR AREA AND THE DANCE AREA.

Q: AND DID WHAT?

A: STARTED DANCING.

Q: WHO WERE YOU DANCING WITH?

A: I ASKED BARBARA ONE TIME IF SHE WANTED TO DANCE. WE DANCED. THERE WAS ANOTHER LADY IN THE BAR. I DON’T KNOW HER NAME. I DANCED WITH HER A FEW TIMES.

Q: DID YOU DANCE WITH ANYONE ELSE?

A: I DANCED WITH BRENDA THAT EVENING.

Q: HOW ABOUT DENISE?

A: I DID NOT DANCE WITH DENISE.Q: DID YOU DANCE WITH ANY OTHER OF THE PATRONS OF THE DAD’S?

A: I BELIEVE I DANCED WITH ONE OF THE BAND MEMBERS’, EITHER HIS WIFE OR HIS GIRLFRIEND, ONE TIME.

Q: DID YOU SEE MR. WESTERFIELD, THE DEFENDANT, IN THE DAD’S AT THAT POINT?

A: DID I SEE HIM —

Q: WAS HE STILL THERE AT THAT POINT AS FAR AS YOU —

A: I DIDN’T NOTICE.

Q: WHY NOT?

A: I WASN’T PAYING ATTENTION.Q: DID YOU SEE BRENDA DANCE WITH ANYONE?

A: I SAW BRENDA DANCE WITH RICH BRADY, AND I DON’T RECOLLECT ANYTHING, ANY OTHER PERSON.

Q: HOW FULL WAS THE DANCE FLOOR?

A: PACKED.

Q: WERE GIRLS DANCING WITH GIRLS AT SOME POINT?

A: I DIDN’T REALLY NOTICE.

Q: DID THERE COME A TIME THAT EVENING, SIR, WHEN YOU WENT OUTSIDE?

A: YES.

Q: ABOUT WHEN WAS THAT IN THE SEQUENCE OF EVENTS?

A: ROUGHLY ABOUT 10:30 TO 11:00 O’CLOCK.

Q: AND WHEN WAS THAT IN RELATION TO GETTING THERE, PLAYING POOL, AND DANCING?

A: GETTING THERE EARLY IN THE EVENING, ABOUT 9:30, PLAYING POOL, 9:30 TO 10:15, AGAIN THESE ARE REAL ROUGH ESTIMATES. GOING OUTSIDE ABOUT 10:30, 11:00 O’CLOCK.

Q: HOW DID YOU KNOW FOLKS WERE GOING OUTSIDE?

A: MR. BRADY MENTIONED THAT THE LADIES WERE GOING OUT TO THE CAR. I STILL HAD AN INTEREST IN BARBARA. I DECIDED TO GET SOME AIR. IT WAS REAL HOT INSIDE THE BAR.

Q: WHERE DID YOU GO?

A: WE WENT OUT TO BRENDA’S VEHICLE.

Q: WHERE WAS THAT PARKED?

A: TOWARDS THE REAR OF THE RESTAURANT.

Q: AND DO YOU REMEMBER THE TYPE OF VEHICLE?

A: IT WAS EITHER AN EXCURSION OR AN EXPEDITION. THAT’S A LARGER FORD S.U.V.

Q: WHERE WERE THE THREE FEMALES LOCATED?

A: BRENDA WAS IN THE DRIVER’S SIDE. DENISE WAS IN THE MIDDLE. AND BARBARA WAS ON THE PASSENGER SIDE.

Q: WHAT WAS GOING ON INSIDE THE VEHICLE?

A: THEY HAD MUSIC BLARING. THERE MAY HAVE BEEN SOME POT SMOKING.

Q: DID YOU SMOKE ANY?

A: I DID NOT.

Q: WHAT MAKES YOU THINK THERE MAY HAVE BEEN?

A: WELL, WHEN WE GOT OUT THERE, THERE WAS THE SMELL.

Q: COULD YOU TELL WHO WAS SMOKING IT?

A: NO, I COULDN’T.

Q: WHERE WERE YOU?

A: ON THE DRIVER — EXCUSE ME — ON THE PASSENGER SIDE.

Q: AND WHO WAS SEATED ON THE PASSENGER SIDE IN THE VEHICLE?

A: BARBARA.

Q: WHAT WAS GOING ON OVER THERE?

A: MORE BANTER, MORE OF THE SAME.

Q: DID YOU DO ANY KISSING OVER THERE?

A: A LITTLE BIT.

Q: HOW LITTLE?

A: VERY LITTLE.

Q: WHAT DO YOU MEAN BY LITTLE?

A: ONE OR TWO KISSES.

Q: ANYTHING ELSE GOING ON OUT THERE?

A: NO, SIR.Q: HOW LONG WOULD YOU SAY YOU STAYED OUT THERE?

A: FIVE TO TEN MINUTES MAXIMUM.

Q: HOW DID IT BREAK UP?

A: WE JUST — I’M NOT REALLY SURE. WE JUST DECIDED TO GO BACK INTO THE BAR.

Q: WHEN YOU WENT BACK INSIDE, WHAT DID YOU DO?

A: CONTINUED TO DANCE.

Q: HOW LONG WOULD YOU SAY YOU WERE THERE THAT EVENING, MR. STONE?

A: IN HOURS OR JUST — WE WERE THERE UNTIL THE END OF THE EVENING.

Q: HOW MANY HOURS WOULD YOU ESTIMATE?

A: FROM 9:30 TO 1:30. SO THAT’S ABOUT FIVE HOURS, FOUR HOURS.

Q: HOW MUCH WOULD YOU SAY YOU HAD TO DRINK?

A: I HAD ABOUT FOUR OR FIVE DRINKS.

Q: WHAT TYPE?

A: BEER AND MIXED DRINK, COCKTAILS.

Q: DO YOU RECALL THE MIXED DRINK THAT YOU WERE DRINKING?

A: YEAH. I WAS DRINKING KIND OF A LITTLE BLEND OF KORBEL GOLD AND MARGARITA MIX. AND IT WAS MADE INTO A SHOT. AND I ALSO HAD A SHOT OF JACK DANIELS.

Q: WHO BOUGHT?

A: MR. NOLAN AND THE BAND BOUGHT ME A ROUND OR US A ROUND OF DRINKS.

Q: MISTER —

A: EXCUSE ME. I’M SORRY.

Q: MR. NOLAN IS A MEMBER OF THE BAND?

A: HE’S A MEMBER OF THE BAND, YES.

Q: HOW ABOUT THE REST OF THE DRINKS?

A: WELL, I WAS A GUEST OF CHRIS THAT EVENING, SO HE BOUGHT A COUPLE OF DRINKS. AND I MIGHT HAVE BOUGHT A ROUND, AND MR. BRADY MIGHT HAVE BOUGHT A ROUND AS WELL.

Q: DID ANY OF THE OTHER GROUP THAT YOU WERE WITH, BRENDA, DENISE, OR BARBARA, DID THEY BUY ANY DRINKS FOR YOU?

A: NO, THEY DID NOT.

Q: DID YOU BUY ANY FOR THEM?

A: I DON’T THINK SO.

Q: HOW DID IT COME THAT YOU WERE GOING TO LEAVE THAT EVENING?

A: TOWARDS THE END OF THE EVENING, LAST CALL WAS GIVEN ABOUT 1:30, I WAS TALKING WITH CHRIS AND THE BAND FINALLY. I HAD AN OPPORTUNITY TO TALK WITH THEM, AND MR. BRADY APPROACHED ME AND SAID WE WERE GOING TO BE GOING BACK TO BRENDA’S.

Q: DID HE SAY WHY?

A: NO.

Q: WHO WAS DRIVING YOUR — YOU TWO?

A: I WAS IN MY VEHICLE. WE WERE BOTH IN MY VEHICLE.

Q: HOW QUICKLY DID YOU LEAVE?

A: WELL, I THINK THEY GAVE LAST CALL ABOUT 1:30. AND I BELIEVE WE STAYED UNTIL 1:40 TO 1:45.

Q: DO YOU KNOW IF THE DEFENDANT WAS STILL THERE AT THAT TIME OR DON’T YOU KNOW?

A: I DON’T KNOW.

Q: WHEN WAS THE LAST TIME YOU REMEMBER SEEING HIM THERE?

A: AT ABOUT THE SAME TIME THAT I MET HIM, AND THAT WAS AN APPROXIMATED TIME EARLIER IN THE EVENING.

Q: WHEN YOU LEFT, WHERE DID YOU GO?

A: WE WENT TO BRENDA AND DAMON VAN DAM’S HOME.

Q: DID ONE FOLLOW THE OTHER?

A: NO. WE PULLED OUT OF DAD’S, HEADED WEST ON POWAY ROAD, AND ABOUT THE TIME WE CAME TO I BELIEVE IT’S SPRINGHURST, THE LADIES WERE IN THE VEHICLE BEHIND US.

Q: HOW DO YOU KNOW?

A: IT WAS 2:00 O’CLOCK IN THE MORNING, AND THERE WEREN’T VERY MANY CARS ON THE ROAD. AND ACTUALLY AS WE WERE PULLING BACK OUT OF THE BAR, THEY WERE PARKED IN ANOTHER POSITION OTHER THAN WHERE THEY WERE ORIGINALLY PARKED, SO THEY WERE PARKED IN THE FRONT OF THE BAR, SO I PASSED THEM AS WE WERE PULLING OUT OF THE BAR.

Q: AT THAT SIGNAL THERE AT SPRINGHURST AND POWAY ROAD, WHAT HAPPENED AFTER THE LIGHT CHANGED?

A: TURNED LEFT UP SPRINGHURST. PROCEEDED UP THE HILL AND PROCEEDED TO THE VAN DAMS’ HOUSE.

Q: WHERE DID YOU PARK, DO YOU REMEMBER?

A: IN THE FRONT AT THE CURB.

Q: DID YOU SEE WHERE BRENDA PARKED HER VEHICLE?

A: SHE — AS WE PULLED UP TO THE CURB, THEY IMMEDIATELY PULLED INTO THE DRIVEWAY.

Q: WHAT HAPPENED THEN?

A: WE GOT OUT OF OUR VEHICLE. THEY GOT OUT OF THEIR VEHICLE, AND WE PROCEEDED INTO THE HOUSE.

Q: ALL TOGETHER OR WERE YOU SEPARATED?

A: THEY MAY HAVE GOTTEN OUT OF THE VEHICLE BEFORE WE DID, BUT I WOULD SAY ALL TOGETHER. I MEAN IT WAS SIMULTANEOUS.

Q: DO YOU RECALL ANY LIGHTS BEING ON INSIDE THE HOUSE?

A: NO, I DON’T.

Q: THAT THEY WEREN’T ON OR YOU JUST DON’T REMEMBER?

A: I DON’T REMEMBER. I DON’T REMEMBER SEEING ANY LIGHTS ON.

Q WHICH DOOR DID YOU GO IN?

A: FRONT DOOR.

Q: WHERE DID YOU GO?

A: I WALKED INTO THE LIVING ROOM AND SAT IN THE CHAIR ADJACENT TO THE KITCHEN.

Q: DID YOU SEE WHERE THE OTHER FOLKS WENT?

A: BRENDA AND DENISE WALKED INTO THE HOUSE. THEY WALKED DIRECTLY INTO THE KITCHEN. BARBARA IMMEDIATELY WENT UPSTAIRS.

Q: WHAT’S THE NEXT THING YOU RECALL HAPPENING?

A: BRENDA CAME BACK OUT OF THE KITCHEN A COUPLE, SAY TWO MINUTES, THREE MINUTES, PERHAPS, LATER AND WENT UPSTAIRS.

A: WE PROCEEDED INTO THE KITCHEN, SAT DOWN AT THE TABLE, AND ATE PIZZA.

Q: DESCRIBE FOR US YOUR STATE OF INTOXICATION THAT EVENING.A: I WOULD HAVE TO SAY THAT I WAS PRETTY LOOSE TOWARDS THE BEGINNING OF THE EVENING.

Q: WHAT’S THAT MEAN FOR US?

A: 10:00, 11:00, 12:00 O’CLOCK, I PROBABLY WAS — HAD MORE THAN I SHOULD HAVE TO DRINK.

Q: ALL RIGHT.

WHAT HAPPENED IN THE KITCHEN?

A: WE ATE PIZZA.

Q: DO YOU KNOW WHERE THE PIZZA CAME FROM?

A: NO, I DON’T.

Q: WHO ALL WAS THERE EATING THE PIZZA?

A: DAMON, MYSELF, RICH, BRENDA, BARBARA, DENISE. I DON’T KNOW IF SHE ATE PIZZA, THOUGH.Q: WAS THERE ANYTHING TO DRINK?

A: NO. I HAD NOTHING TO DRINK.

Q: ANY ALCOHOL SERVED?

A: NO.

Q: DO YOU RECALL IF THE DOG WAS THERE?

A: YES.

Q: HOW DO YOU KNOW?

A: HE WAS SITTING, HE OR SHE, I’M NOT EVEN SURE, WAS JUMPING UP ON ME AND KIND OF BEING A LITTLE BIT OF A NUISANCE. BUT SHE CALMED DOWN OR HE CALMED DOWN. I’M NOT SURE IF IT WAS A MALE OR FEMALE DOG.

Q: HOW BIG WAS THE DOG? HOW FAR WOULD IT COME UP ON YOU?

A: OH, PROBABLY UP TO MY KNEE. MAYBE A LITTLE BIT HIGHER.

Q: WERE ANY DRUGS USED AT THE HOUSE THAT EVENING?

A: NO, SIR.Q: DID YOU SEE ANYBODY GO OUTSIDE INTO THE BACKYARD?

A: I DID NOT.

Q: HOW CLOSE TO THE — IS THERE A DOOR LEADING FROM THE KITCHEN INTO THE BACKYARD?

A: I BELIEVE THERE IS. I BELIEVE THERE’S A SLIDING GLASS DOOR.

Q: LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS COURT’S EXHIBIT 17, LABELED “VAN DAM RESIDENCE KITCHEN.” DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE?

A: YES, I DO.

Q: PHOTOGRAPH A SHOWS US WHAT?

A: LOOKS LIKE THE KITCHEN AND FAMILY ROOM.

Q: IS THAT WHERE YOU GUYS WERE EATING?

A: WE WERE EATING RIGHT HERE AT THIS TABLE.

Q: THE WOODEN TABLE THERE?

A: YES, SIR.

Q: ON PHOTOGRAPH A?

A: ON PHOTOGRAPH A, YES.

Q: AND THE SLIDING DOORS TO THE LEFT OF THE TABLE THERE IN THE PHOTOGRAPH, WHERE DO THEY LEAD?

A: I WOULD ASSUME OUT ON THE BACKYARD. I DON’T KNOW.

Q: DID YOU SEE ANYBODY GO OUT THERE?

A: I DID NOT.

Q: WAS ANYBODY SMOKING IN THE HOUSE?

A: I DON’T BELIEVE SO.

Q: DO YOU RECALL ANYTHING ABOUT AN ALARM LIGHT?

A: NO, I DO NOT.

Q: HOW DID THE GET-TOGETHER COME TO AN END THERE AT THE HOUSE?

A: WELL, IT WAS LATE. I THINK EVERYBODY WAS IN A PRETTY SOMBER AND TIRED-LIKE MOOD. AND IT JUST BROKE UP. WE ATE, AND EVERYBODY DECIDED TO LEAVE.

Q: HOW LONG WOULD YOU SAY YOU WERE THERE?

A: TWENTY MINUTES, TWENTY-FIVE AT THE OUTSET.

Q: WHO LEFT FIRST?

A: BARBARA AND DENISE —

Q: HOW DO YOU —

A: — LEFT AHEAD OF US. I’M SORRY.

Q: HOW DO YOU KNOW THEY LEFT?

A: I WATCHED THEM WALK OUT THE DOOR.

Q: WHEN THEY WALKED OUT THE DOOR, DID THEY HAVE DANIELLE WITH THEM?

A: NO, THEY DID NOT.Q: HOW LATE, HOW MUCH AFTER THAT DID YOU LEAVE?

A: I WOULD SAY LESS THAN A MINUTE.

Q: HOW WAS IT THAT YOU CAME ABOUT LEAVING?

A: IT WAS TIME TO LEAVE. WE DECIDED TO GO. THAT WAS IT. WE JUST LEFT.

Q: ANYBODY WALK YOU OUT?

A: YES.

Q: WHO DID?

A: DAMON.

Q: DID YOU TAKE DANIELLE WITH YOU WHEN YOU LEFT THE HOUSE?

A: NO, WE DID NOT.Q: DID YOU SEE RICH BRADY TAKE DANIELLE WHEN YOU LEFT THE HOUSE?

A: NO, HE DID NOT.

Q: WAS THERE ANY DISCUSSION ABOUT A LITTLE PILL WITH A V ON IT?

A: THERE WAS A DISCUSSION ABOUT A SEX PILL.

Q: WERE YOU INVOLVED IN THAT DISCUSSION?

A: YES, I WAS.

Q: WERE YOU A PART OF THAT DISCUSSION?

A: YES, I WAS.

Q: DID YOU HAVE IT?

A: NO, I DID NOT.

Q: WERE YOU BRAGGING?

A: BARROOM BANTER. IT WAS A RESPONSE TO A — IT WAS A JOKING RESPONSE TO A CONVERSATION I WAS HAVING WITH BARBARA.

Q: WHEN DID YOU NEXT HEAR THAT OR FIRST HEAR THAT DANIELLE WAS MISSING?

A: APPROXIMATELY 10:00 O’CLOCK THE NEXT MORNING, ON THE 2ND.

Q: HOW DID YOU HEAR?

A: ELIZABETH BRADY, RICH’S WIFE, CALLED ME.

Q: DID YOU GO TO THE VAN DAM RESIDENCE AT ALL?

A: THAT MORNING?

Q: YES. THAT DAY.

A: THAT DAY I DID, YES.

Q: ABOUT WHAT TIME DID YOU GO OVER THERE?

A: IT WAS IN THE EVENING. I HAD A MEETING WITH ONE OF THE SAN DIEGO DETECTIVES.

Q: SOMEHOW THE DETECTIVES HAD CALLED YOU?

A: YES.

Q: SOMEHOW THEY WERE GIVEN YOUR NAME?

A: YES.

Q: AND WHEN YOU WENT IN, YOU DID GO AND SPEAK WITH THE OFFICERS?

A: YES, I DID.

MR. DUSEK: THANK YOU, SIR.

THE COURT: ALL RIGHT.

CROSS-EXAMINATION.

CROSS-EXAMINATION
BY MR. BOYCE:

Q: WHEN YOU SPOKE WITH THE OFFICERS, THEY TOLD YOU IT WAS IMPORTANT THAT THEY KNOW EVERYBODY THAT WAS IN THE HOUSE THAT NIGHT.

A: YES, SIR.

Q: AND THEY ASKED YOU MANY OF THE SAME QUESTIONS MR. DUSEK JUST ASKED YOU, RIGHT?

A: YEAH. I MEAN NOT VERBATIM, BUT THEY DID ASK ME QUESTIONS, YES, ABOUT THAT INCIDENT.

Q: THE SAME AREAS OF INTEREST.

A: YES, SIR.

Q: THE NIGHT THAT YOU WENT TO DAD’S, YOU WENT WITH RICH BRADY WHO IS YOUR EX-BROTHER-IN-LAW.

A: YES.

Q: GOT YOUR NAMES RIGHT THIS TIME. I CALLED HIM YOU
AND. . .

SO WHO DROVE?

A: I DID.

Q: YOU BOTH LIVE IN THE SABRE SPRINGS AREA, IS THAT RIGHT?

A: YES, THAT’S CORRECT.

Q: SAME AREA THAT THE VAN DAMS LIVE IN.

A: YES.

Q: WHEN YOU GOT TO DAD’S BAR THAT NIGHT, IT WAS ABOUT 9:00 O’CLOCK.

A: I WOULD SAY IT WAS A LITTLE BIT LATER THAN 9:00 O’CLOCK. MORE LIKE 9:30. 9:20.

Q: WHEN YOU GOT THERE, THE PLACE WAS PRETTY CROWDED.

A: YES.

Q: A LOT OF PEOPLE IN THE BAR AREA.

A: YES.

Q: AND YOU SAW BRENDA WHO YOU KNEW FROM BEFORE.

A: THAT’S CORRECT.

Q: YOU HAD NEVER MET HER FRIENDS BARBARA AND DENISE.A: I HAD NOT.

Q: REFERRING TO EXHIBIT 31, THE AREA THAT I BELIEVE YOU TOLD US YOU WERE IN IS — WAS THIS THE AREA FIRST APPROACHED WHEN YOU ENTERED THE BAR?

A: NO. THAT’S NOT.

Q: OKAY.

WHERE — CAN YOU INDICATE, PLEASE, WHERE IT WAS.

A: WHEN WE FIRST APPROACHED THE BAR, WE APPROACHED RIGHT ABOUT HERE AT THE END OF THE BAR.

Q: SO YOUR RECOLLECTION IS YOU WENT UP TO THE RIGHT, FACING THE PHOTOGRAPH IT’S THE RIGHT CORNER OF THE BAR.

A: YES, SIR, THAT’S CORRECT.

Q: AND THAT’S WHERE YOU SAW BRENDA AND HER FRIENDS.

A: I SAW BRENDA AND HER FRIENDS. THEY WERE HERE. HERE AND HERE. THESE TWO SEATS, AND I BELIEVE THERE MIGHT HAVE BEEN ANOTHER SEAT. I DON’T KNOW IF THIS IS THE SAME SETUP. AND WE APPROACHED THE BAR ACTUALLY TO THE RIGHT OF THEM. SO CLOSER TO THIS CORNER.

Q: WERE THEY SEATED OR STANDING?

A: THEY WERE SEATED. AND AGAIN I DON’T KNOW IF — THEY WERE SITTING AT THE BAR, BUT I DON’T KNOW IF THERE WAS A THIRD SEAT IN THE MIDDLE AND WHO WAS SITTING WHERE TO BE QUITE HONEST.

Q: AND YOU JUST INDICATED A BIT AGO THAT THEY WERE SEATED, YOU INDICATED THE MIDDLE OF THE BAR.

A: YES.

Q: THEY WERE IN THE MIDDLE OF THE BAR.

A: YES, THAT’S CORRECT.

Q: BRENDA INTRODUCED YOU TO HER NEIGHBOR.A: YES, SHE DID.

Q: DAVID WESTERFIELD.

A: YES.

Q: WHERE WAS HE AT THE BAR?

A: DURING THE INTRODUCTION?

Q: YEAH.

A: HE WAS IN THIS AREA HERE SOMEWHERE. AGAIN, ONE OF THESE TWO SEATS. I BELIEVE IT WAS THIS ONE.

Q: YOU’RE POINTING TO THE —

A: I BELIEVE IT WAS THIS SEAT THAT HE WAS SEATED IN, BUT HE COULD HAVE BEEN IN THIS SEAT. BUT I BELIEVE IT WAS THIS ONE.

Q: YOU’RE POINTING TO THE TWO SEATS THAT ARE TOWARDS THE LEFT CORNER OF THE BAR.

A: THAT’S CORRECT.

Q: NEXT TO THE AREA WHERE YOU SAID BRENDA AND HER FRIENDS WERE.

A: YES.

Q: I BELIEVE YOU TOLD US IT WAS ABOUT WITHIN THE FIRST HOUR THAT YOU WERE THERE THAT BRENDA INTRODUCED YOU TO MR. WESTERFIELD. IS THAT RIGHT?

A: THAT’S CORRECT.

Q: HOW LONG DID YOU REMAIN IN THAT AREA BEFORE YOU MOVED TO ANOTHER AREA OF THE BAR?

A: WHEN WE FIRST CAME INTO THE BAR? I’M NOT SURE I UNDERSTAND WHAT TIME FRAME YOU’RE TALKING ABOUT.Q: THE TIME FRAME IN WHICH YOU SAW BRENDA AND HER FRIENDS AND MR. WESTERFIELD AT THE BAR, HOW LONG WERE YOU IN THAT AREA?

A: FIVE — FIVE OR TEN MINUTES PROBABLY. NO LONGER THAN THAT.

Q: THE — BRENDA AND HER FRIENDS WERE FLOATING AROUND THE BAR I BELIEVE YOU DESCRIBED IT.

A: FLOATING?

Q: WHEN YOU WERE INTERVIEWED BY THE DETECTIVE, DID YOU DESCRIBE THEM AS FLOATING AROUND?

A: YEAH. I MEAN THERE WAS MUSIC GOING ON, PEOPLE WERE DANCING, THEY WERE — AGAIN WHEN WE CAME TO THE BAR, THEY WERE ACTUALLY SITTING, BUT I GUESS WHAT I MEAN BY FLOATING WAS THAT THEY WERE NOT STABLE AND STANDING IN ONE PLACE AT ANY GIVEN TIME.

Q: A LOT OF DANCING GOING ON.

A: YES.

Q: IN YOUR OBSERVATION, EVERYBODY HAD HAD A COUPLE DRINKS.

A: IN MY OBSERVATION, YES, THAT’S CORRECT.

Q: AND THEN AT SOME POINT YOU ALSO JOINED IN THE DANCING.

A: YES, I DID.

Q: YOU DANCED A LOT WITH BRENDA.

A: YEAH. I WOULD SAY I DANCED WITH HER HALF A DOZEN TIMES.

Q: AND ALSO WITH BARBARA.

A: ONE TIME.

Q: AND THE GIRLS, MEANING BARBARA AND BRENDA AND DENISE, WERE VERY STRAIGHTFORWARD WITH THEIR SEXUAL INNUENDOS.

MR. DUSEK: OBJECTION. VAGUE.

THE COURT: SUSTAINED.
REPHRASE.
BY MR. BOYCE:

Q: DID YOU TELL THE POLICE THAT —

MR. DUSEK: OBJECTION. HEARSAY.

THE COURT: I HAVEN’T HEARD THE QUESTION YET.
BY MR. BOYCE:

Q: — THAT THEY WERE VERY STRAIGHTFORWARD WITH SEXUAL COMMENTS?

THE COURT: OVERRULED.

YOU CAN ANSWER.

THE WITNESS: DID I TELL THE POLICE — CAN YOU ASK THE QUESTION AGAIN? I’M NOT SURE I UNDERSTAND THAT.
BY MR. BOYCE:

Q: WHEN YOU WERE INTERVIEWED, DID YOU TELL THE POLICE OFFICER THAT THE GIRLS, THEY WERE VERY STRAIGHTFORWARD WITH THEIR SEXUAL — YOU USED THE WORD INNUENDOS.

A: I DON’T BELIEVE I WAS REFERRING TO ALL OF THE GIRLS.

Q: YOU WERE REFERRING TO BRENDA?

A: NO. I WASN’T.

Q: WHO WERE YOU REFERRING TO?

A: BARBARA.

Q: DIDN’T YOU TELL A POLICE OFFICER WHEN YOU WERE INTERVIEWED THAT “BRENDA MADE A COMMENT TO ME LAST NIGHT AT THE BAR, IT WASN’T REALLY A DIRECT, YOU KNOW, HEY, WHAT ABOUT IT. I SAID YOU KNOW WHAT, YOU’RE A MARRIED WOMAN. I’M NOT INTERESTED”?

A: YES. I DID SAY THAT.

Q: AND THAT WAS TO BRENDA, IS THAT RIGHT?

A: THAT’S CORRECT.

Q: AND THAT WAS TO A COMMENT THAT SHE HAD MADE TO YOU.

A: THAT’S CORRECT.

Q: AND YOU MADE THAT COMMENT OR YOU TOLD THE POLICE ABOUT THAT COMMENT AFTER YOU SAID THERE’S ALWAYS THESE LITTLE INNUENDOS, IS THAT CORRECT?

A: I REVIEWED MY STATEMENT, AND I BELIEVE THAT WHAT WAS SAID ON THAT STATEMENT IS NOT COMPLETE. IN OTHER WORDS, IT’S BROKEN UP. WHEN I REVIEWED IT, THAT STATEMENT DID NOT MAKE SENSE. I DON’T THINK THE WHOLE THING WAS TRANSCRIBED CORRECTLY.

Q: WHATEVER BRENDA SAID TO YOU, THOUGH, IT BROUGHT OUT THE COMMENT FROM YOU THAT YOU KNOW WHAT, YOU’RE A MARRIED WOMAN. I’M NOT INTERESTED.

A: THAT’S CORRECT.

Q: YOUR ATTRACTION THAT NIGHT WAS WITH BARBARA.A: YES.

Q: AND AT SOME POINT DURING THE EVENING, TOWARDS CLOSING, YOU TOLD BRENDA THAT YOU HAD TAKEN A PILL.

A: I NEVER TOLD BRENDA I HAD TAKEN A PILL.

Q: SO IF SHE TOLD THIS JURY —

MR. DUSEK: OBJECTION, YOUR HONOR. IMPROPER.

THE COURT: THE WAY IT’S COMING OUT IS ARGUMENTATIVE. SUSTAINED.
BY MR. BOYCE:

Q: DID YOU TELL BRENDA THAT YOU WERE HYPER THAT NIGHT?

A: NO, I DID NOT.Q: DID YOU TELL BRENDA THAT YOU WERE EXCITED THAT NIGHT?

A: EXCITED?

Q: YES.A: SEXUALLY EXCITED?

Q: YES.

A: NO, I DID NOT.

Q: YOU DON’T RECALL TELLING BRENDA THAT YOU WERE SEXUALLY EXCITED BECAUSE YOU TOOK THE LITTLE PILL?

A: I DID NOT TELL BRENDA THAT I TOOK A LITTLE PILL. SO I DO RECALL THAT, SIR, AND I DID NOT SAY THAT.

Q: YOU DIDN’T TELL BRENDA THAT SHE HAD TO MAKE IT HAPPEN WITH BARBARA AND YOU THAT NIGHT?

A: I DON’T RECALL.

Q: YOU DON’T RECALL THAT BRENDA THEN TOLD YOU, INVITED YOU BACK TO HER HOUSE AND MAYBE YOU COULD HOOK UP WITH BARBARA?

A: NO.

Q: THAT DIDN’T HAPPEN?

A: DID WHAT NOT HAPPEN?

Q: THAT BRENDA TOLD YOU THAT YOU COULD COME BACK TO HER HOUSE AND MAYBE HOOK UP WITH BARBARA.

A: NO. THAT DID NOT OCCUR. THAT DID NOT — THAT CONVERSATION DID NOT TAKE PLACE.

Q: YOUR RECOLLECTION IS THE BAR CLOSED, AND AT SOME POINT RICH BRADY SAID LET’S GO BACK TO BRENDA’S HOUSE.

A: THAT’S CORRECT.

Q: RICH BRADY SAID YOU WERE INVITED BACK TO BRENDA’S TO HAVE ANOTHER BEER OR SOMETHING, IS THAT RIGHT?

A: I DON’T KNOW. I’M NOT SURE WHAT HE TOLD YOU.

Q: NOT ME. DID HE TELL YOU THAT?

A: HE SAID WE WERE GOING UP TO THE VAN DAMS’.

Q: DID HE TELL YOU THE REASON THAT YOU WERE GOING BACK TO THE VAN DAMS’ WAS TO HAVE ANOTHER BEER OR SOMETHING?

A: HE DID NOT SAY THAT. NO, SIR.

Q: DO YOU RECALL TELLING THE POLICE THAT AFTER THE BAR CLOSED THAT RICH AND BRENDA HAD TALKED ABOUT GOING BACK TO BRENDA’S HOUSE, HAVE ANOTHER BEER OR SOMETHING, SO WE GOT, INAUDIBLE, MY CAR?

A: YEAH. I DO RECALL THAT STATEMENT. AND AS I EXPLAINED TO YOU BEFORE, I BELIEVE THAT’S TRANSCRIBED INCORRECTLY. MR. BRADY DID TELL ME WE WERE GOING TO THE VAN DAMS’. AND I EXPRESSED TO THE OFFICER THAT I ASSUMED WE WERE GOING UP THERE TO HAVE ANOTHER BEER.

Q: WHEN YOU SAY IT WAS TRANSCRIBED INCORRECTLY, YOU’VE BEEN SHOWN A TRANSCRIPT BEFORE OF YOUR TESTIMONY.

A: THAT’S CORRECT.

Q: YOU WERE SHOWN THIS TRANSCRIPT BY MR. DUSEK?

A: THAT’S CORRECT.

Q: WAS THAT TODAY THAT YOU WERE SHOWN THE TRANSCRIPT?

A: YES.

Q: WERE YOU ASKED TO READ THE ENTIRE TRANSCRIPT?

A: NO. IT WAS JUST HANDED TO ME. ACTUALLY NOT BY MR. DUSEK BUT BY MR. REICH.

Q: YOU DIDN’T READ THE ENTIRE TRANSCRIPT.

A: NO, I DID NOT.

Q: CERTAIN AREAS IN THE TRANSCRIPT WERE POINTED OUT TO YOU BY MR. REICH.

A: NO, THEY WERE NOT.

Q: HOW DID YOU KNOW WHICH PARTS OF THE TRANSCRIPT TO READ?

A: YOU’RE REFERRING TO A SPECIFIC STATEMENT IN THERE, AND THAT’S NOT WHAT WAS SAID.

Q: BUT YOU RECALL READING THAT STATEMENT IN THE TRANSCRIPT.

A: IF THAT’S THE STATEMENT WE’RE TALKING ABOUT, THAT’S CORRECT, YES.

Q: AND YOU SAY YOU DIDN’T READ THE ENTIRE TRANSCRIPT OF YOUR STATEMENT TO THAT PARTICULAR OFFICER, IS THAT CORRECT?

A: NO, THAT’S NOT CORRECT. I DID.

Q: YOU DID READ THE ENTIRE —

A: YES, I DID.

Q: AND THIS WAS AFTER IT WAS GIVEN TO YOU BY MR. REICH.

A: THAT TRANSCRIPT HAS BEEN IN MY POSSESSION BEFORE MR. REICH GAVE THAT TO ME.

Q: WHO GAVE YOU THE TRANSCRIPT?

A: IT WAS GIVEN TO ME BY THE DISTRICT ATTORNEY’S OFFICE.

Q: HOW LONG AGO?

A: I DON’T REMEMBER. A WEEK MAYBE.

Q: AND WERE YOU TOLD TO REVIEW THE TRANSCRIPT?

A: YES.

Q: BECAUSE YOU WERE GOING TO BE TESTIFYING IN THIS CASE.

A: ABSOLUTELY.

Q: HOW MANY TIMES HAVE YOU MET WITH MR. DUSEK?

A: I MET MR. DUSEK FOR THE FIRST TIME TODAY.Q: WHAT ABOUT — WELL, — AND YOU HAD MET OTHER PEOPLE FROM THE DISTRICT ATTORNEY’S OFFICE, IS THAT RIGHT?

A: I MET MR. REICH THIS MORNING.

Q: AND YOU — OTHER THAN MR. REICH AND MR. DUSEK, WHO ELSE HAVE YOU MET IN RELATION TO THIS CASE FROM THE DISTRICT ATTORNEY’S OFFICE?

A: NOBODY.Q: WELL, SOMEBODY GAVE YOU THIS TRANSCRIPT A WHILE AGO, RIGHT?

A: YES.

Q: FROM THE DISTRICT ATTORNEY’S OFFICE.

A: YES.

Q: AND WHO WAS THAT?

A: I DON’T KNOW. IT WAS GIVEN — IT WAS MAILED TO ME.

Q: NO ONE TOLD YOU YOU WERE GOING TO BE RECEIVING THIS TRANSCRIPT?

A: NO. AS A MATTER OF FACT, I DIDN’T EXPECT IT AT ALL.

Q: WAS THERE A LETTER ACCOMPANYING THE TRANSCRIPT?

A: I DON’T BELIEVE SO.

Q: SO YOU HAVE NO IDEA WHO MAILED YOU THIS TRANSCRIPT, JUST IT WHAT, CAME IN AN ENVELOPE FROM THE DISTRICT ATTORNEY’S OFFICE?

A: THAT’S CORRECT.

Q: DID YOU RECEIVE ANY OTHER REPORTS FROM THE DISTRICT ATTORNEY’S OFFICE TO REVIEW?

A: I RECEIVED TWO DOCUMENTS. ACTUALLY I TAKE THAT BACK. THREE DOCUMENTS. TWO TRANSCRIPTIONS OF THE SAME INTERVIEW AND ANOTHER INTERVIEW.

Q: DID THEY ALL ARRIVE TOGETHER?

A: YES, THEY DID.

Q: AND YOU HAD NO INSTRUCTIONS OR NO CONVERSATIONS REGARDING THESE TRANSCRIPTS WITH THE DISTRICT ATTORNEY’S OFFICE UNTIL YOU MET MR. REICH.

A: THAT’S CORRECT.

Q: WHEN YOU ARRIVED BACK AT THE VAN DAMS’ HOUSE THAT NIGHT AFTER LEAVING DAD’S BAR, YOU DON’T RECALL WHAT APPEARED TO BE AN ALARM LIGHT, A RED ALARM LIGHT, ON ANYWHERE IN THE HOUSE.

A: NO, SIR, I DID NOT.

Q: YOU DON’T RECALL ANY DISCUSSION ABOUT AN ALARM LIGHT BEING ON.

A: NO, I DID NOT.

Q: DO YOU RECALL ANY DISCUSSION ABOUT ANY DOORS BEING OPEN?

A: NO.

Q: YOU DON’T RECALL ANYONE, ANY OF THE GIRLS OR ANYONE ELSE, CLOSING A GARAGE DOOR INSIDE THE GARAGE.

A: NO.

Q: WHEN YOU FIRST ENTERED THE HOUSE, I BELIEVE YOU TOLD US THAT BARBARA WENT UPSTAIRS.

A: THAT’S CORRECT.

Q: BRENDA AND DENISE WERE IN THE KITCHEN.

A: YES. THAT’S CORRECT.

Q: AT SOME POINT DID YOU GO TO THE KITCHEN TO EAT PIZZA?

A: YES, I DID.

Q: AND THAT’S WHEN YOU SAW THE DOG.

A: THE DOG APPEARED. WE WERE SITTING AT THE KITCHEN TABLE, AND THE DOG APPEARED. I BELIEVE, AND THAT HE MAY HAVE — HE, SHE, THE DOG MAY HAVE COME DOWN WITH DAMON.

Q: AND YOU DESCRIBED THE DOG I THINK AS A NUISANCE THAT NIGHT?

A: IT WAS A PAIN IN THE REAR END, YES.

Q: AND WHEN DAMON CAME DOWN, HE DIDN’T APPEAR TO BE TOO HAPPY TO SEE YOU AND RICH BRADY.

A: WELL, AGAIN, I THINK IF YOU ARE REFERRING TO MY TRANSCRIPT, I RELAYED TO THE OFFICER THAT IF I WERE TO GET UP AT 2:00 O’CLOCK IN THE MORNING, I WOULDN’T BE TOO PLEASED TO SEE PEOPLE AT MY HOUSE.

Q: WELL, NOT REFERRING TO THE TRANSCRIPT, I’M REFERRING TO WHAT YOUR RECOLLECTION IS.

A: COULD YOU ASK THE QUESTION AGAIN, PLEASE.

Q: WHEN DAMON CAME DOWNSTAIRS, HE DIDN’T APPEAR TO BE TOO HAPPY TO SEE YOU AND RICH BRADY.

A: NO, THAT’S NOT — THAT’S NOT REALLY TRUE.

Q: HE WASN’T THRILLED TO SEE YOU.

A: HE WAS SURPRISED PROBABLY MORE THAN ANYTHING.

Q: HE DIDN’T APPEAR TO BE — BEING A BIT SLEEPY, THOUGH, DID HE?

A: IN MY JUDGMENT IT DIDN’T APPEAR THAT HE HAD BEEN WOKEN UP OUT OF A SOUND SLEEP, NO.Q: BECAUSE YOU THOUGHT HE WAS TOO ALERT TO HAVE BEEN SLEEPING.

A: HIS DEMEANOR WAS NOT ONE OF SOMEONE WHO HAD JUST WOKEN UP OUT OF BED.

Q: YOU HAD BEEN TO THE VAN DAMS’ ON OTHER OCCASIONS.

A: YES, I HAVE.

Q: ONCE AT A HALLOWEEN PARTY.

A: NO. ONCE BEFORE A HALLOWEEN PARTY. I WENT UP WITH THE BRADYS. AND I ACTUALLY TOOK MY KIDS UP THERE TO SEE — THEY HAD GONE THROUGH AN EXTRAVAGANT DECORATION BEFORE THEIR HALLOWEEN PARTY. I DON’T KNOW WHAT DAY IT WAS. AND WE WENT UP, AND WE TOURED THEIR HALLOWEEN DECORATIONS.

Q: AND YOU WERE THERE ANOTHER TIME IN THE GARAGE WITH RICH AND DAMON, IS THAT RIGHT?

A: YEAH. IT WAS SOME TIME MONTHS PRIOR. WE HAD STOPPED I THINK, RICH AND I STOPPED THERE, AND WE HAD A BEER WITH DAMON IN HIS GARAGE.

Q: WHEN THE POLICE INTERVIEWED YOU, THEY TOLD YOU THEY WERE TRYING TO GET AN IDEA OF THE PEOPLE THAT WERE COMING AND GOING, IS THAT RIGHT?

A: THAT’S CORRECT.

Q: AND THEY ASKED YOU GENERALLY THE SAME QUESTIONS THAT HAVE BEEN ASKED OF YOU HERE TODAY.A: MORE OR LESS, YES.

Q: AND THAT’S BECAUSE THEY WAS TRYING TO SOLVE THE DISAPPEARANCE OF DANIELLE VAN DAM, WEREN’T THEY?

A: THAT’S CORRECT.

(DISCUSSION OFF THE RECORD BETWEEN MR. BOYCE
AND MR. FELDMAN.)
BY MR. BOYCE:

Q: AT ONE POINT DURING THE INTERVIEWS THAT YOU HAD WITH THE POLICE, THEY TOLD YOU THAT SOMEBODY CAME INTO THE HOUSE —

MR. DUSEK: OBJECTION. HEARSAY.

THE COURT: SUSTAINED.
BY MR. BOYCE:

Q: WELL, WHEN YOU WERE INTERVIEWED, YOU TOLD THE POLICE THAT: LET ME TELL YOU ONE MORE THING. THEY HAD A DOG. WHY DIDN’T IT BARK.

MR. DUSEK: OBJECTION. THAT’S SPECULATION.

THE COURT: OVERRULED.

DID YOU TELL THEM THAT? YOU CAN ANSWER THAT YES OR NO.

THE WITNESS: YES, I DID.
BY MR. BOYCE:

Q: AND THEN LATER ON YOU SAID EVERY DOG I’VE EVER HEARD WOULD BARK.

A: IT WAS A VERY INFORMAL CONVERSATION I WAS HAVING WITH THE DETECTIVE. AND, YEAH, I DID SAY THAT. THAT’S CORRECT. THAT’S WHAT I SAID TO THE DETECTIVE.

Q: SINCE YOU MADE THAT STATEMENT, DID YOU HAVE A CONVERSATION WITH ANYBODY ABOUT — FROM THE DISTRICT ATTORNEY’S OFFICE REGARDING THAT DOG?

A: NO. I HAVE NOT.

Q: OR ANYONE ELSE?

A: NO, SIR. I HAVE NOT.

Q: AFTER REVIEWING THE TRANSCRIPT, DID YOU TELL ANYONE THAT THE TRANSCRIPT WAS NOT ACCURATE?

A: NO.

Q: YOU DIDN’T TELL MR. REICH THAT THE TRANSCRIPT WAS NOT ACCURATE?

A: NO, SIR, I DID NOT.

Q: YOU DIDN’T TELL MR. DUSEK THE TRANSCRIPT WAS NOT ACCURATE?

A: NO, SIR, I DID NOT.

MR. BOYCE: I DON’T HAVE ANYTHING FURTHER.

THE COURT: ANYTHING FURTHER, MR. DUSEK?

REDIRECT EXAMINATION
BY MR. DUSEK:

Q: DESCRIBE FOR US WHAT HAPPENED WHEN YOU SHOWED UP TODAY AND WHO YOU MET WITH.

A: I MET WITH MR. REICH. HE HANDED ME A PACKAGE. AND IT WAS VERBATIM THE SAME TRANSCRIPTS I HAD RECEIVED EARLIER. AND I SAT WITH MR. DUSEK IN HIS OFFICE. WE TALKED FOR FIVE MINUTES, AND THAT WAS THE END OF THAT.

Q: WHEN YOU FIRST SHOWED UP HERE, YOU WENT TO THE RECEPTION AREA.

A: YES, I DID.

Q: THAT’S WHERE MR. REICH GREETED YOU.

A: THAT’S CORRECT.

Q: AND YOU GOT HERE A LITTLE LATE THIS MORNING.

A: YES. TRAFFIC. SORRY.

Q: SO WE DIDN’T GET MUCH OF A CHANCE TO TALK.A: THAT’S CORRECT.

MR. FELDMAN: OBJECTION. ARGUMENTATIVE AND ASSUMES FACTS NOT IN EVIDENCE AND IS LEADING.

THE COURT: OVERRULED. OVERRULED. OVERRULED.

MR. FELDMAN: THANK YOU.

THE COURT: NEXT QUESTION.

MR. FELDMAN: THANK YOU. THANK YOU.
BY MR. DUSEK:

Q: THERE WERE QUESTIONS ASKED ABOUT A TIME YOU WERE IN THE GARAGE WITH DAMON HAVING A BEER. DO YOU RECALL THAT?

A: YES.

Q: ABOUT HOW LONG AGO WAS THAT?

A: OVER SIX MONTHS AGO.

Q: DO YOU RECALL WHAT YOU WERE DOING OUT THERE?

A: HAVING A BEER, LOOKING AT A SET OF GOLF CLUBS THAT HE HAD THAT WERE VERY ANTIQUE. AND THAT’S ABOUT IT.

Q: IS THERE A DARTBOARD OUT THERE?

A: I DON’T — I DON’T — I DON’T KNOW.

Q: DID YOU GUYS SMOKE ANY DOPE OUT THERE?

A: NO, SIR.Q: THE REASONS THAT YOU UNDERSTOOD FOR GOING BACK TO THE VAN DAM RESIDENCE FROM THE BAR, FROM DAD’S.

A: MY REASON?

Q: YOUR UNDERSTANDING.A: MY UNDERSTANDING WE WERE GOING TO — MY UNDERSTANDING WAS THAT QUITE POSSIBLY WE WERE GOING TO HAVE A NIGHTCAP, A BEER, A DRINK.

Q: WHO HAD TOLD YOU THAT OR DID YOU ASSUME THAT FROM SOMETHING?

A: I ASSUMED THAT WHEN MR. BRADY MENTIONED TO ME THAT WE WERE GOING TO THE VAN DAMS’.

Q: DID HE GIVE YOU ANY DETAILS OF WHAT WAS GOING TO HAPPEN BACK AT THE VAN DAMS’?

A: NO, HE DID NOT.

MR. DUSEK: THANK YOU, SIR.

THE COURT: ALL RIGHT.

ANYTHING FURTHER, MR. BOYCE?

MR. BOYCE: NO, YOUR HONOR.

THE COURT: IS THIS WITNESS TO BE EXCUSED?

MR. DUSEK: YES.

THE COURT: OR SUBJECT TO RECALL?

MR. DUSEK: EXCUSED.

THE COURT: MR. BOYCE?

JUST A MINUTE.

MR. BOYCE: JUST A MOMENT, YOUR HONOR.

THE WITNESS: SORRY.

THE COURT: I KNOW YOU’RE TRYING TO GET AWAY.

MR. BOYCE: NO OBJECTION, YOUR HONOR.

THE COURT: ALL RIGHT.

MR. STONE, YOUR TIME WITH US IS DONE. YOU ARE FREE FROM YOUR SUBPOENA. I JUST WANT TO REMIND YOU YOU’RE STILL UNDER A COURT ORDER NOT TO DISCUSS YOUR TESTIMONY WITH ANY PERSONS UNTIL THIS MATTER IS CONCLUDED.

THE WITNESS: THANK YOU.

THE COURT: ALL RIGHT.

(THE WITNESS WAS EXCUSED.)
THE COURT: OKAY, LADIES AND GENTLEMEN, WE’RE GOING TO GO AHEAD AND TAKE THE AFTERNOON BREAK.

JUROR SIXTEEN, I WOULD APPRECIATE IF YOU WOULD REMAIN BEHIND SO I CAN TALK TO YOU ABOUT YOUR NOTE.

LADIES AND GENTLEMEN, PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS THE EVIDENCE OR TESTIMONY WITH ANY PERSONS NOR FORMULATE NOR EVEN EXPRESS ANY OPINIONS ON THE CASE UNTIL IT’S SUBMITTED TO YOU FOR DECISION.

PLEASE BE OUTSIDE THE DOOR AT 3:15. QUARTER PAST 3:00.

(THE JURY RECESSED AT 3:02 O’CLOCK, P.M.)
(THE FOLLOWING OCCURRED OUT OF THE PRESENCE OF THE
JURY:

THE COURT: OKAY. THE RECORD SHOULD REFLECT THAT APART FROM JUROR SIXTEEN, ALL REMAINING JURORS AND ALTERNATES HAVE LEFT THE COURTROOM.

JUROR SIXTEEN, I’VE GOTTEN YOUR NOTE ABOUT THE PERSON THAT SHOWED UP THAT YOU KNEW. YOU SHOULD KNOW THAT THAT PERSON CALLED THE COURT AND REQUESTED PERMISSION TO RETURN AND WAS GIVEN THE PERMISSION FOR TWO REASONS. NUMBER ONE, IT WAS FOR ACADEMIC REASONS BECAUSE OF HER CURRENT EDUCATION. I’M NOT GOING TO GO INTO THAT EXCEPT TO SAY THAT IT RELATES TO HER CURRENT EDUCATION PROGRAM.

NUMBER TWO, SHE GAVE AN ASSURANCE TO THE COURT THAT SHE WOULD NOT ONLY NOT DISCUSS THE MATTER WITH YOU BUT SHE WOULD NOT DISCLOSE ANYTHING TO THE DAY CARE PROVIDER OR ANYONE ELSE THAT SHE KNEW YOU BY NAME.
SO IT WAS WITH THOSE TWO CAVEATS THAT I AGREED TO ALLOW HER TO RETURN PERIODICALLY WHEN SHE’S NOT IN CLASS.

AND AS YOU’VE INDICATED, SHE’S ALREADY LEFT, SO SHE DIDN’T EVEN SIT THROUGH A FULL SESSION.

JUROR NUMBER 16: OKAY.

THE COURT: NOW, THE WAY I WOULD LIKE TO HANDLE THIS WITH YOU, BECAUSE IT’S OBVIOUSLY OF SOME CONCERN WITH YOU, IF THAT — IF FOR ANY REASON THIS INDIVIDUAL CONTACTS YOU, MAKES ANY COMMENTS TO YOU, OR YOU HEAR FROM YOUR DAY CARE PROVIDER OR ANYONE ELSE THAT THERE’S A PROBLEM, JUST BRING IT TO MY ATTENTION, AND I’LL CHANGE THE ORDER AND PROHIBIT HER FROM BEING HERE.

JUROR NUMBER 16: CERTAINLY. IT DOESN’T — NOW THAT YOU’VE TOLD ME THAT SHE’S CONTACTED YOU, I’VE COMPLETE CONFIDENCE AND FAITH THAT IT’S NOT AN ISSUE, AND IT’S NOT A PROBLEM.

I’M NOT SURE OF MY RESPONSIBILITIES TO YOU. AND SINCE LAST TIME AS WE LEFT IT, SHE HAD ALREADY LEFT, AND SO THERE WAS NO DISCUSSION THAT HAD EVER TAKEN PLACE TO MY KNOWLEDGE.

THE COURT: ALL RIGHT.

JUROR NUMBER 16: NOW THAT THERE HAS, FINE.

THE COURT: BOTTOM LINE IS OTHER THAN MAYBE A HI OR A ‘BYE OR SOMETHING LIKE THAT, YOU SHOULD HAVE NO COMMUNICATION WHATSOEVER PENDING THE RESOLUTION OF THIS MATTER.

JUROR NUMBER 16: WONDERFUL. THANK YOU.

THE COURT: ALL RIGHT. WE WILL BE IN RECESS ‘TIL 3:15.

(END OF PROCEEDINGS OUT OF THE PRESENCE OF THE JURY.)
(RECESS, 3:04 O’CLOCK, P.M., TO 3:15 O’CLOCK, P.M.)